UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
April 29, 2011
GARRETT HOTEL GROUP, INC., PLAINTIFF,
DAVID W. AND CHRISTIE GARRETT, DEFENDANTS.
The opinion of the court was delivered by: David N. Hurd United States District Judge
Plaintiff cannot establish subject matter jurisdiction as complete diversity of the parties is lacking. The Garrett Hotel Group, Inc. last transacted business in Vermont, the same state of which defendants are citizens.
Accordingly, pursuant to the oral decision of the Court entered into the record after hearing oral argument on April 29, 2011, in Utica, New York, it is hereby
ORDERED that defendants' motion to dismiss is GRANTED, without prejudice. IT IS SO ORDERED.
The Clerk is directed to enter judgment accordingly.
Utica, New York.
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