DONATO v. PARILLO

No. 64 Civ. 307.

278 F.Supp. 892 (1967)

Rita DONATO and Philip Donato, Plaintiffs, v. Neil PARILLO, Defendant.

United States District Court S. D. New York.

December 26, 1967.


Attorney(s) appearing for the Case

Isaacson, Robustelli & Fox, New York City, Marvin H. Jasper, New York City, of counsel, for plaintiff.

Gordich & Cohen, Jamaica, N. Y.; Emil Totura, Jamaica, N. Y., of counsel, for defendant.


LEVET, District Judge.

The above action, allegedly based upon diversity of citizenship of plaintiffs and defendant, grows out of a collision of an automobile owned by plaintiff, Rita Donato, operated by her husband, Philip Donato, with an automobile owned by the defendant, Neil Parillo.

Although paragraph SECOND of the complaint alleges: "The matter in controversy, exclusive of costs and interest, exceeds the sum...

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