LEIGHTON v. NEW YORK, SUSQUEHANNA & WESTERN RAILROAD CO.

No. 61 Civ. 673.

303 F.Supp. 599 (1969)

Leon LEIGHTON, Plaintiff, v. NEW YORK, SUSQUEHANNA & WESTERN RAILROAD COMPANY, Defendant.

United States District Court S. D. New York.

August 18, 1969.


Attorney(s) appearing for the Case

Sylvester, Harris & Burstein, New York City, for plaintiff; Charles L. Sylvester, New York City, of counsel.

Saxe, Bacon & Bolan, New York City, for defendant; Roy M. Cohn, New York City, John M. Santospirito, of counsel.


OPINION

LASKER, District Judge.

In this diversity action the plaintiff, a New York attorney, sues to recover the fair and reasonable value of legal services rendered by him to defendant, a New Jersey railroad. Defendant contends that the court should, in the exercise of its discretion, relinquish jurisdiction to a New Jersey court. As specific defenses, the defendant alleges: (1) that N.J.S.A. 2A:13-6 is a bar to plaintiff's suit; (2) that under the terms...

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