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STATE OF N. Y. BY ABRAMS v. CITIBANK, N. A.

No. 81 Civ. 7273 (ADS).

537 F.Supp. 1192 (1982)

In the Matter of the Application of the STATE OF NEW YORK, by Robert ABRAMS, Attorney General of the State of New York, Petitioner, v. CITIBANK, N. A., Respondent. Pursuant to Executive Law Section 63, Subdivision 12.

United States District Court, S. D. New York.

May 3, 1982.

Attorney(s) appearing for the Case

Robert Abrams, Atty. Gen., New York City, for petitioner; Melvyn R. Leventhal, Asst. Atty. Gen. In Charge, Bureau of Consumer Frauds and Protection, Stephen Mindell, Herbert Israel, Sara E. Nathan, New York City, of counsel.

Shearman & Sterling, New York City, for respondent; Danforth Newcomb, Mark P. Zimmett, New York City, of counsel.

MEMORANDUM OPINION AND ORDER

SOFAER, District Judge:

The Attorney General for the State of New York has moved to remand this action, originally brought in the Supreme Court, New York County, under New York Executive Law § 63(12). The case was removed to federal district court by defendant Citibank, under 28 U.S.C. § 1441 (1976). The motion to remand turns on whether federal jurisdiction exists in a case consisting of a state cause of action founded...

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