Andrew Jason Levine, Esq., RAPHAELSON AND LEVIN LAW FIRM P.C., New York, NY, Attorneys for Plaintiff.
Lorne M. Reiter, Esq., LAW OFFICES OF LORNE M. REITER, LLC, New York, NY, Attorneys for Defendants.
ROBERT W. SWEET, District Judge.
Plaintiff Rosa Reyes ("Reyes") has moved to remand this case to the Supreme Court of the State of New York, Bronx County (the "Bronx Supreme Court") pursuant to New York Civil Practice Law and Rules ("CPLR") § 602 and 28 U.S.C. § 1447(e). Plaintiff originally filed a verified complaint (the "Complaint") in the Bronx Supreme Court against defendants Rite-Line Transportation, Inc. ("Rite-Line") and James Dugan ("Dugan") (collectively the "Defendants") for negligence. Defendants removed the action to the Southern District of New York based on diversity jurisdiction, 28 U.S.C. § 1441. Plaintiff now moves to remand the case back to the Bronx Supreme Court so that the action may be consolidated with a case currently pending in the Bronx Supreme Court.
Upon the facts and conclusions set forth below, Plaintiff's motion is granted and the action is remanded to the Bronx Supreme Court.
1. Prior Proceedings
Plaintiff brought an action against Defendants in the Bronx Supreme Court, under Index Number 20129/2013, by filing the Complaint on January 11, 2013. Plaintiff alleges that as a result of Defendants' negligence in an automobile collision that occurred on January 14, 2012, she suffered severe and personal injuries to her mind and body, and was subjected to great physical pain and mental anguish. (Compl. ¶ 41). On February 11, 2013, the Defendants filed a notice of removal, removing the action from the Bronx Supreme Court to this Court on the ground of diversity.
Plaintiff was granted an extension of time to file a motion to remand, and filed the motion on May 8, 2013. Defendants opposed the motion on May 28, 2013. The instant motion was marked fully submitted on June 19, 2013.
II. The Facts
Reyes is a resident of the County of Bronx and the State of New York. (Compl. ¶ 1).
According to the Plaintiff, Dugan is a resident of the State of Nebraska. (Id. ¶ 2). According to the Defendants,
Dugan is a citizen and resident of Johnville, New Brunswick, Canada. (Notice of Removal ¶ 7).
According to the Plaintiff, Rite-Line is a corporation organized and existing under the laws of the State of Montana, with its principal place of business in the State of Montana. (Compl. ¶ 3). According to the Defendants, Rite-Line is a citizen and resident of Florenceville, New Brunswick, Canada. (Notice of Removal ¶ 6).
This matter arises out of an accident involving three vehicles on January 14, 2012. According to the Police Accident Report, which is attached to Plaintiff's motion, Reyes was the operator of a vehicle, which was involved in an accident with a vehicle operated by Dugan and owned by Rite-Line, as well as a vehicle operated by non-party Mike Tamay ("Tamay") and owned by Manuel Tamay (the "Tamay vehicle"). According to the Plaintiff, non-party Carlos Duran-Para ("Duran-Para") was the operator of the Tamay vehicle. (See Motion at 1, ¶ 5). ...