Bakhshandeh v. Continental Insurance

S.D. New York

Bakhshandeh v. Continental Insurance

129 F. Supp. 122, 1954 U.S. Dist. LEXIS 2289

CourtDistrict Court, S.D. New York

DecidedNovember 1, 1954

StatusPublished

Cited by1 cases

This text of 129 F. Supp. 122 (Bakhshandeh v. Continental Insurance) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bakhshandeh v. Continental Insurance, 129 F. Supp. 122, 1954 U.S. Dist. LEXIS 2289 (S.D.N.Y. 1954).

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Opinion

DAWSON, District Judge.

This is a motion to remand the above action to the City Court of the City of New York. The parties have stipulated that the contract of insurance upon which the plaintiff predicates his claim is a policy of maritime insurance. The action was removed from the City Court of the City of New York to this Court on the ground that the action involved a controversy based upon a policy of maritime insurance and is, therefore, an action of which the District Courts of the United States have original jurisdiction, and that the action may be removed to this Court even though the defendant is not a non-resident. Such an action on a marine insurance policy is one which can be removed by defendant to this Court without regard to the citizenship or residence of the parties. Compañía Marítima Ador, S. A. v. New Hampshire Fire Ins. Co., D.C.S.D.N.Y.1954, 120 F.Supp. 577.

The motion to remand to the City Court is denied. So ordered.

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DAWSON, District Judge.

This is a motion to remand the above action to the City Court of the City of New York. The parties have stipulated that the contract of insurance upon which the plaintiff predicates his claim is a policy of maritime insurance. The action was removed from the City Court of the City of New York to this Court on the ground that the action involved a controversy based upon a policy of maritime insurance and is, therefore, an action of which the District Courts of the United States have original jurisdiction, and that the action may be removed to this Court even though the defendant is not a non-resident. Such an action on a marine insurance policy is one which can be removed by defendant to this Court without regard to the citizenship or residence of the parties. Compañía Marítima Ador, S. A. v. New Hampshire Fire Ins. Co., D.C.S.D.N.Y.1954, 120 F.Supp. 577.

The motion to remand to the City Court is denied. So ordered.

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Bluebook (online)

129 F. Supp. 122, 1954 U.S. Dist. LEXIS 2289, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bakhshandeh-v-continental-insurance-nysd-1954.

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