Legal Opinion
Kantarof v. Orsecki
District Court, S.D. New York
Decided January 30, 1952PublishedCited by 1 opinion
1Opinion of the Court
WEINFELD, District Judge.
The defendant, Town of Liberty, in this action to recover damages for personal injuries due to negligence, Federal jurisdiction resting on diversity of citizenship, moves to dismiss for lack of jursidiction and the insufficiency of the complaint, and for summary judgment in its favor.
The challenge of jurisdiction rests on a provision of the Town Law of the State of New York, McKinney’s ConsoJ.Laws, c. 62,. § 66, that the place 'of trial of all actions against a town shall be the county in which the town is situated. It is unnecessary to consider the effect of this…
2Cases cited1 opinion
- Rupert v. Town of West SenecaNew York Court of Appeals · 1944
3Cited by1 opinion
- Industrial Building Materials, Inc. v. Interchemical Corp.District Court, C.D. California · 1967