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GBJ CORP. v. SEQUA CORP.

No. 91 Civ. 8675 (CSH).

804 F.Supp. 564 (1992)

GBJ CORPORATION, Plaintiff, v. SEQUA CORPORATION, Sequa Capital Corporation, and BT Securities Corporation, New York, Defendants.

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

October 22, 1992.

Attorney(s) appearing for the Case

Butler, Fitzgerald & Potter, New York City (Thomas A. Butler, Joseph Ginsberg, of counsel), for plaintiff.

Schulte Roth & Zabel, New York City (David M. Brodsky, Chaye Zuckerman Shapot, David B. Deitch, Jennifer Trahan, of counsel), for defendants.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

In this commercial action where the parties' citizenship is not diverse, the Court's subject matter jurisdiction depends upon whether plaintiff owns an interest in what may be characterized as a "security" under the Securities Exchange Act of 1934, 15 U.S.C. § 78c(a)(10). Contending that plaintiff does not, defendants move to dismiss the amended complaint under Rule 12(b)(1), Fed.R.Civ.P., for lack...

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