Harper v. Sonnabend

THOMAS F. MURPHY, District Judge.

The third-party defendant removed this case from the New York Supreme Court and plaintiffs bring this motion to remand.

Plaintiffs, one of whom is a citizen of Massachusetts, sued defendant Sonna-bend, also a citizen of Massachusetts, in the State Court for broker’s commissions. Defendant Sonnabend impleaded the third-party defendant, claiming that by reason of an agreement it would be liable over to him if plaintiffs succeed.

While no diversity exists between plaintiffs and defendant Sonnabend, diversity does exist between defendant Sonnabend and the…