equipment during the winter months when the household goods business was slow. However, an injury does not occur in New York because a plaintiff suffers a loss of income within the state. Storch v. Vigneau, 162 A.D.2d 241, 242, 556 N.Y.S.2d 342, 343 (1st Dep't 1990).
Plaintiff's claims against Furushiro are stated in the first and tenth causes of action. The first cause of action states a claim against either Furushiro or Merchant's in conversion for the sum of $ 1,710.00, and the tenth cause of action states that Furushiro and Ronald Grove, Jr. (who has been dismissed from the case by stipulation), individually and on behalf of Merchant's, defrauded plaintiff in the sum of $ 109,904.36.
Plaintiff, in the first cause of action, alleges that defendants agreed to reimburse him for certain items removed from his trailer at the request of Furushiro, which belonged to Ace. Again, however, there is no indication that this alleged conversion arose from either Merchant's or Furushiro's New York activities with the plaintiff.
With respect to the tenth cause of action, plaintiff claims that he was first approached by Furushiro acting as an agent of Merchant's, in an effort to leave Ace to become a contract owner/operator of Merchant's. To that end, a meeting took place between plaintiff, Furushiro, and Ronald Grove, Jr., in Chicago, Illinois, whereby an oral offer was made to plaintiff which guaranteed him that if he left Ace, Merchant's would provide him with a new gated trailer, would not deduct the 5.8% insurance charge from his compensation, and would primarily assign plaintiff to hauling Henley Group goods. Plaintiff alleges that defendants never intended to make good on their promises, and that defendants knew at the time of the agreement that the statements were false.
Similar to the analysis with respect to Merchant's, in order for this court to exercise personal jurisdiction over plaintiff's cause of action for fraud, Furushiro's business activities in New York must be substantially related to the circumstances surrounding the alleged fraud. However, there is no suggestion from the complaint and its supporting papers what activities, if any, were conducted by Furushiro in New York to justify long arm jurisdiction. Furushiro may very well have conducted business on behalf of Merchant's in New York, but plaintiff has failed to show how any of these activities which consisted of the moving of household goods, is related to Furushiro's contractual promises on behalf of Merchant's.
B. Subject Matter Jurisdiction:
The final issue remaining is whether this court has subject matter jurisdiction over plaintiff's remaining claims.
A district court sitting in diversity has jurisdiction over all civil actions where the matter in controversy exceeds $ 50,000, exclusive of costs and interest. 28 U.S.C. § 1332(a). While the courts can aggregate all of the plaintiff's claims against one defendant to satisfy this requirement, Carson v. Nat'l Bank of Commerce Trust and Sav., 356 F. Supp. 811 (D.C. Neb. 1973), aff'd, 501 F.2d 1082 (8th Cir. 1974), or can aggregate claims against two or more defendants who are jointly liable, Aetna Casualty and Surety Co. v. Graves, 381 F. Supp. 1159 (W.D. La. 1974), it cannot aggregate the claims against two essentially separate individual defendants to reach this amount. Osbahr v. H & M Constr., Inc., 407 F. Supp. 621 (N.D. Iowa 1975). Plaintiff's only two causes of action (the second and fifth) against Merchant's that survive the personal jurisdiction analysis, total only $ 6,539.31, far below the subject matter jurisdictional prerequisite of $ 50,000.
With regard to Furushiro, this court has subject matter jurisdiction over the first and tenth causes of action which allege damages over $ 50,000.00. However, as discussed supra, this court does not have personal jurisdiction over Furushiro, despite the fact that he can not seek refuge behind the "fiduciary shield doctrine." Kreutter, 71 N.Y.2d at 467-72, 522 N.E.2d at 44-47, 527 N.Y.S.2d at 199-202.
Accordingly, it is ORDERED that
1. Upon stipulation, the complaint is DISMISSED as to defendants Atlas Van Lines, Ronald Grove, Sr., and Ronald Grove, Jr.;
2. Upon stipulation, the eighth cause of action in the complaint is DISMISSED as to all defendants;
3. Upon lack of personal jurisdiction, the first, third, fourth, sixth, seventh, ninth, and tenth causes of action in the complaint are DISMISSED as to defendant Merchant's Moving & Storage, Inc.;
4. Upon lack of personal jurisdiction, the complaint is DISMISSED as to defendant Henry Furushiro;
5. Upon lack of subject matter jurisdiction, the second and fifth causes of action in the complaint are DISMISSED as to defendant Merchant's Moving & Storage, Inc.; and
6. In summary, the complaint is DISMISSED in its entirety as to all defendants, and the clerk is judgment accordingly.
David N. Hurd
U.S. Magistrate Judge
Dated: October 15, 1993
Utica, New York.