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J. ARON & CO. v. CHOWN

No. 94 Civ. 3610 (MP).

894 F.Supp. 697 (1995)

J. ARON & COMPANY, Plaintiff, v. Richard CHOWN, et al., Defendants.

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

August 3, 1995.

Attorney(s) appearing for the Case

Strook & Strook & Lavan, New York City (Melvin A. Brosterman, of counsel), for plaintiff.

Chalos & Brown, P.C., New York City (Martin F. Marvet, of counsel), for defendants.

OPINION

MILTON POLLACK, Senior District Judge:

This is a removed action purportedly sounding in admiralty but which the plaintiff elected to commence as a common law action in state court. Defendants have moved pursuant to Fed.R.Civ.P. 12(h)(3) for dismissal of this action on the ground that the Court lacks subject matter jurisdiction. The plaintiff's election to commence this action as a common law action cannot be undone. Consequently, it appears...

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