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CALDARARO v. AU

No. 83 Civ. 1628 (ADS).

570 F.Supp. 39 (1983)

Anthony CALDARARO, Plaintiff, v. Philip Kwok AU, Defendant.

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

September 13, 1983.

Attorney(s) appearing for the Case

Robert R. Felton, P.C., New York City, for plaintiff.

McLaughlin, Simone & Lawlor, New York City, for defendant; David S. Heller, James Hayden, New York City, of counsel.

MEMORANDUM OPINION AND ORDER

SOFAER, District Judge:

This is a negligence action against the driver of one of two automobiles that collided in New York. Defendant Au, the driver of the automobile that allegedly injured plaintiff Caldararo, has moved to dismiss for lack of diversity jurisdiction in that both Au and Caldararo are New York domiciliaries, and because of Caldararo's failure to join the automobile's owner, Chu, also a New York domiciliary is an...

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