Legal Opinion
Ellis v. Provident Life & Accident Insurance
District Court, S.D. New York
Decided June 24, 1996No. 96 Civ. 2484 (MP)PublishedCited by 4 opinions
1Opinion of the Court
OPINION
MILTON POLLACK, Senior District Judge:
This is a motion by plaintiff to remand an action, initiated in the Supreme Court, New York County, and removed to this court by the defendants on the ground of diversity of citizenship. 1 Plaintiff claims that defendant Provident Life & Casualty (“Casualty”) has its “principal place of business” in New York within the meaning of 28 U.S.C. § 1332, that it is therefore a citizen of New York, and that consequently there is no diversity, since plaintiff is also a New York citizen.
The removal statute, 28 U.S.C. § 1441, permits removal of state court…
2Cases cited8 opinions
- R. G. Barry Corporation v. Mushroom Makers, IncorporatedCourt of Appeals for the Second Circuit · 1979
- Scot Typewriter Co. v. Underwood Corp.District Court, S.D. New York · 1959
- Inland Rubber Corporation v. Triple a Tire Service, Inc.District Court, S.D. New York · 1963
- United States v. Stanley CamingCourt of Appeals for the Second Circuit · 1992
- Frazier v. Alabama Motor Club, Inc.Court of Appeals for the Fifth Circuit · 1965
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3Cited by4 opinions
- Eisenberg v. New England Motor Freight, Inc.District Court, S.D. New York · 2008
- Jedrejcic v. Croatian Olympic CommitteeDistrict Court, E.D. New York · 1999
- Arkwright-Boston Manufacturers Mutual Insurance v. Truck Insurance ExchangeDistrict Court, E.D. New York · 1997
- Maggio-Onorato and Associates, Inc. v. AEGON NVDistrict Court, D. Maryland · 2000