MAZZUKA v. SMA LIFE ASSURANCE COMPANY

No. 89 C 3109.

726 F.Supp. 1400 (1990)

John MAZZUKA, Plaintiff, v. SMA LIFE ASSURANCE COMPANY, Defendant.

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

January 3, 1990.


Attorney(s) appearing for the Case

Albert E. Silbowitz, Cedarhurst, N.Y., for plaintiff.

Townley & Updike (Joan B. Gross, of counsel), New York City, for defendant.


MEMORANDUM AND ORDER

NICKERSON, District Judge.

Plaintiff brought this action in the Supreme Court, Queens County, for payment allegedly due under his health insurance policy with defendant. Defendant removed the action, pursuant to 28 U.S.C. § 1441, alleging diversity between the parties and an amount in controversy in excess of $50,000. Plaintiff moves to remand on the grounds that under 28 U.S.C. § 1332(c) this court has no jurisdiction.

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