Paolicelli v. Samuels
District Court, E.D. New York
At Law. Action by Maria Paolicelli, administratrix, against Harry Samuels. On motion to remand to state court.
1Opinion of the Court
GARVIN, District Judge.
This is a motion by plaintiff to remand the cause to the state court. The defendant was served with summons within the state of New York on September 28, 1921, and served an answer to the complaint on October 20, 1921, a default of two days being waived. On October 31, 1921, an amended answer was served, with notice that a petition to remove the action to the federal court would be filed on that day. Plaintiff is an alien, residing in the Southern district of New York; defendant is a resident of New Jersey.
The plaintiff contends that the motion must he granted because…
2Cases cited7 opinions
- Matarazzo v. HustisDistrict Court, N.D. New York · 1919
- Penniman v. Fuller & Warren Co.New York Court of Appeals · 1892
- Matter of TobinSupreme Court of the United States · 1909
- Richards v. United StatesSupreme Court of the United States · 1910
- Ex parte NicolaSupreme Court of the United States · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Bedell v. Dictograph Products Co.Appellate Division of the Supreme Court of the State of New York · 1937