BOX TREE SOUTH, LTD. v. BITTERMAN

No. 94 Civ. 6606 (JGK).

873 F.Supp. 833 (1995)

BOX TREE SOUTH, LTD., Augustin Von Paege, Robert B. Tsanev, and Ricardo Colbourne, Plaintiffs, Counterclaim Defendants, v. Brooks BITTERMAN, Miguel Dela Rosa, and Hotel Employees and Restaurant Employees Union ("HERE") Local 100, AFL-CIO, Defendants, Counterclaim Plaintiffs.

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

January 17, 1995.


Attorney(s) appearing for the Case

Law Offices of Jacques Catafago, by Jacques Catafago, New York City, for plaintiffs.

Cohen, Weiss and Simon, by James L. Linsey, Richard A. Brook, New York City, for defendants.


OPINION & ORDER

KOELTL, District Judge.

The plaintiffs have moved for an order remanding this action to the New York State Supreme Court, New York County and awarding costs and expenses pursuant to 28 U.S.C. § 1447(c).1 For the reasons stated below, this Court finds that it lacks subject matter jurisdiction over the action and that an award of costs and expenses is unwarranted. Therefore, the case will be remanded...

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