Legal Opinion
Seldon v. Bernstein
Court of Appeals for the Second Circuit
Decided November 20, 2012No. 10-4311-cvUnpublishedCited by 4 opinions
1Opinion of the Court
SUMMARY ORDER
Plaintiff Philip Seldon appeals from the sua sponte dismissal of his claims against defendant for common law fraud and violation of N.Y. Jud. Law § 487 for lack of subject matter jurisdiction. We review de novo a dismissal for lack of subject matter jurisdiction insofar as it rests upon legal conclusions. See Maloney v. Soc. Sec. Admin., 517 F.3d 70, 74 (2d Cir.2008). We assume the parties’ familiarity with the facts and record of prior proceedings, which we reference only as necessary to explain our decision to affirm.
Seldon contends that the district court erred in dismissing…
2Cases cited10 opinions
- Amalfitano v. RosenbergNew York Court of Appeals · 2009
- Sudler v. City of New YorkCourt of Appeals for the Second Circuit · 2012
- Maloney v. Social Security AdministrationCourt of Appeals for the Second Circuit · 2008
- Yalkowsky v. Century Apartments AssociatesAppellate Division of the Supreme Court of the State of New York · 1995
- New York City Transit Authority v. EisenAppellate Division of the Supreme Court of the State of New York · 2000
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3Cited by4 opinions
- Rice v. City of New YorkDistrict Court, E.D. New York · 2017
- Hirsch v. KaireyDistrict Court, E.D. New York · 2023
- Martell v. Cohen Clair Lans Greifer Thorpe & Rottenstreich, LLPDistrict Court, S.D. New York · 2019
- Oorah, Inc. v. Kane Kessler, P.C.Court of Appeals for the Second Circuit · 2019