United States District Court, S.D. New York
January 15, 2004.
KEVIN A. DePROSPO, Plaintiff, -against- DANIEL H. KALISH, Defendant
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
This motor vehicle accident case was removed from Supreme Court,
Bronx County, purportedly under 28 U.S.C. § 1331, the federal
The complaint quite obviously alleges no question arising under the
Constitution or laws of the United States. There is no basis for federal
The notice of removal (misdenominated as a petition for removal)
alleges that the complaint purportedly was served on the defendant on
December 11, 2003. There is no suggestion that defendant first received
process at any later date. The removal notice was filed on January 13,
The notice of removal therefore fails to allege timely removal and
comes quite close to a conclusive admission of untimeliness.
Finally, even assuming that defendant intended to remove on the basis
of diversity, neither the notice of removal nor the annexed papers
alleges the citizenship of any of the parties.
Accordingly, this Court lacks subject matter jurisdiction. The action
is remanded to the New York Supreme Court, Bronx County.
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