Liu v. Westchester County Medical Center

MEMORANDUM ORDER

VINCENT L. BRODERICK, District Judge.

I

This diversity of citizenship case brought pursuant to 28 USC 1332 involves alleged medical malpractice leading to the wrongful death of plaintiffs decedent. Both the decedent and all defendants are citizens of New York. Only the decedent’s representative (the nominal plaintiff Liu) resides elsewhere (in Maryland).

While none of the parties raised the question of whether or not jurisdiction exists under these circumstances, I informed the parties of my duty to examine the question on my own initiative and invited their views. I now dismiss…