E.W. Howell Co. v. Underwriters Laboratories, Inc.

MEMORANDUM AND ORDER

GLASSER, District Judge:

Plaintiff originally commenced this contract action in New York State Supreme Court, Suffolk County. On May 16, 1984, defendant petitioned to remove the action to this Court on the basis of diversity. Plaintiff now moves to remand this action to state court on the grounds that defendant’s petition for removal was untimely. Plaintiff’s motion to remand is hereby denied.

Background

Plaintiff commenced this action on March 7, 1984 by serving defendant with a “Summons with Notice,” but no complaint, as permitted by the New York Civil Practice Law and…