Legal Opinion
Horvitz v. Oconefsky
District Court, S.D. New York
Decided April 13, 1988No. 87 Civ. 6560 (RJW)PublishedCited by 3 opinions
1Opinion of the Court
OPINION
ROBERT J. WARD, District Judge.
Defendant Howard Oconefsky, a citizen of New York, moves to dismiss this wrongful death action pursuant to Rule 12(b)(3), Fed.R.Civ.P., for lack of genuine diversity of citizenship, and pursuant to Rule 12(b)(3), Fed.R.Civ.P., for improper venue. For the reasons that follow, defendant’s motion to dismiss for lack of subject matter jurisdiction is granted. The motion to dismiss for improper venue is denied as moot.
BACKGROUND
This wrongful death action arose out of a car accident which occurred in Searing-town, Nassau County, New York on July 7, 1987.…
2Cases cited17 opinions
- McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
- Indianapolis v. Chase Nat. BankSupreme Court of the United States · 1941
- City of Indianapolis v. Chase National BankSupreme Court of the United States · 1941
- Kramer v. Caribbean Mills, Inc.Supreme Court of the United States · 1969
- Mecom v. Fitzsimmons Drilling Co.Supreme Court of the United States · 1931
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3Cited by3 opinions
- Baker v. Latham Sparrowbush AssociatesDistrict Court, S.D. New York · 1992
- 900 3rd Avenue Associates v. FinkielstainDistrict Court, S.D. New York · 1991
- Horvitz v. OconefskyCourt of Appeals for the Second Circuit · 1988