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HORVITZ v. OCONEFSKY

No. 87 Civ. 6560 (RJW).

683 F.Supp. 959 (1988)

Morton HORVITZ, as Executor of the Estate of Florence Horvitz, Plaintiff, v. Howard OCONEFSKY, Defendant.

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

April 13, 1988.

Attorney(s) appearing for the Case

Kevin Concagh, P.C., New York City (Kevin Concagh, Steven Loren, of counsel), for plaintiff.

Waxman, Miller & Trautwig, P.C., Great Neck (Bonnie Lener Gorham, Steven Miller, of counsel), for defendant.

OPINION

ROBERT J. WARD, District Judge.

Defendant Howard Oconefsky, a citizen of New York, moves to dismiss this wrongful death action pursuant to Rule 12(b)(3), Fed.R.Civ.P., for lack of genuine diversity of citizenship, and pursuant to Rule 12(b)(3), Fed.R.Civ.P., for improper venue. For the reasons that follow, defendant's motion to dismiss for lack of subject matter jurisdiction is granted. The motion to dismiss for improper venue is denied as moot....

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