Staples v. Joseph Morton Co., Inc.

MEMORANDUM AND ORDER

NICKERSON, District Judge.

In this action commenced in the Supreme Court of the State of New York, Suffolk County, plaintiff has sued defendant Joseph Morton Co., Inc. (“Morton”) for rents due on a lease of various pieces of concrete mixing equipment for use on Plum Island, New York. Defendant Merlon E. Wiggin is Chief of Engineering and Plant Management of the Plum Island Animal Disease Center for the United States Department of Agriculture which administers Plum Island. In a second cause of action, plaintiff accuses Wiggin and Morton of conspiring to convert the equipment…