Murray v. Bronner

MacMAHON, District Judge.

These are two motions, the first by defendant to dismiss the complaint for insufficiency, pursuant to Rule 12(b) (6), Federal Rules of Civil Procedure, and the second, a cross-motion by plaintiff to consolidate a pending state court action with this one, or remand this one to the state court. This action was commenced in the Supreme Court of the State of New York but was removed to this court by defendant on the ground of diversity, pursuant to 28 U.S.C. § 1441 et seq.

The complaint alleges that the payee of a certain note, upon the maker’s default, has commenced an…