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HOSKIE v. PRUDENTIAL INS. CO. OF AMERICA

DISTRICT COURT, E.D. NEW YORK


May 24, 1941

HOSKIE
v.
PRUDENTIAL INS. CO. OF AMERICA (LORRAC REAL ESTATE CORPORATION, Third Party Defendant)

The opinion of the court was delivered by: MOSCOWITZ

MOSCOWITZ, District Judge.

On Motion for Reargument.

The motion for leave to reargue the motion decided May 7th, 1941, is denied.

 The complaint merely alleges that the plaintiff is a "resident" of the County of Kings, City and State of New York, this is insufficient to give the Court jurisdiction. In order that this Court have jurisdiction plaintiff's "citizenship" must be alleged. See Realty Holding Company v. Donaldson, 268 U.S. 398, 45 S. Ct. 521, 69 L. Ed. 1014.

 The plaintiff will be granted ten (10) days within which to serve an amended complaint setting forth his citizenship.If said amended complaint is not served, the motion to dismiss the complaint will be granted.

 Settle order on notice covering this motion and the one decided May 7, 1941.

19410524

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