Legal Opinion
Mermelstein v. Maki
District Court, S.D. New York
Decided May 20, 1993No. 93 Civ. 0916 (SS)PublishedCited by 20 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
SOTOMAYOR, District Judge.
Plaintiff moves pursuant to 28 U.S.C. § 1447(c) to remand this action to the Supreme Court of the State of New York, County of Bronx, due to a defect in the removal procedure. For the reasons stated below, the parties are ordered to proffer additional evidence addressing the open issues of who received the initial pleadings and when they were received so that the Court may decide the motion at bar.
I. Background
Plaintiff commenced the above-captioned action in the Supreme Court of the State of New York, County of Bronx, by service of a…
2Cases cited16 opinions
- Thais Carriere, Widow of Samuel Carriere, Iv, Individually and on Behalf of Her Minor Child v. Sears, Roebuck and CompanyCourt of Appeals for the Fifth Circuit · 1990
- Rebecca Laughlin v. The Prudential Insurance Co.Court of Appeals for the Fifth Circuit · 1989
- Estate of Baratt v. Phoenix Mutual Life InsuranceDistrict Court, W.D. New York · 1992
- Maglio v. F. W. Woolworth Co.District Court, E.D. Pennsylvania · 1982
- Schwartz Bros., Inc. v. Striped Horse RecordsDistrict Court, D. Maryland · 1990
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3Cited by20 opinions
- Richard Roe v. John O'DOnOhueCourt of Appeals for the Seventh Circuit · 1994
- Pan Atlantic Group, Inc. v. Republic InsuranceDistrict Court, S.D. New York · 1995
- Varela v. Flintlock Construction, Inc.District Court, S.D. New York · 2001
- Bullard v. American Airlines, Inc.District Court, W.D. Missouri · 1996
- Kluksdahl v. Muro Pharmaceutical, Inc.District Court, E.D. Virginia · 1995
15 more not listed; retrieve them via the Exa API.