New England Tire & Sales Co. v. Kelly-Springfield Tire Co.

Order declining to accept petition for the removal of action to the Federal court, and retaining jurisdiction, affirmed, with ten dollars costs and disbursements, upon the opinion of Mr. Justice Lazansky at Special Term.

Kelly, P. J., Jaycox, Manning, Young and Kapper, JJ., concur.

The following is the opinion delivered at Special Term:

Lazansky, J.:

Whether or not the action is removable to the Federal court is to be determined from the face of the record at the time the application is made. (Crehore v. Ohio, etc., R. Co., 131 U. S. 240.) The State court is not concluded by the averments of the…