Knight v. Bolivar

LEVET, District Judge.

Defendant has moved to dismiss the complaint on the grounds that:

1. This court is not the proper forum for the trial of this action; and

2. An indispensable party has not been joined and that plaintiff lacks the capacity to sue herein as an individual. Motion is also made to vacate plaintiff’s notice of examination of defendant.

The plaintiff is a resident of the State of New York. The defendant is a resident of Venezuela, who was served with process while in the State of New York in an action brought by the plaintiff in the Supreme Court of the State of New York, County…