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BURGESS v. OMAR

No. 04 Civ. 00224(LAK).

345 F.Supp.2d 369 (2004)

Helene BURGESS, Plaintiff, v. Bashar OMAR, 93 University Place Corp., 2493 Broadway Corp., and 489 Broome Street Corp., Defendants.

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

November 16, 2004.

Attorney(s) appearing for the Case

Andrea Likwornik Weiss, J. Kelley Nevling, Jr., Levi Lubarsky & Feigenbaum LLP, New York City, for Plaintiff.

Roger J. Bernstein, New York City, for Defendants.

MEMORANDUM OPINION

KAPLAN, District Judge.

Plaintiff moves to dismiss defendants' counterclaims, none of which rests on an independent basis of federal jurisdiction, for lack of subject matter jurisdiction. She argues that none arises out of a common nucleus of operative fact with her complaint, that none therefore is within the Court's supplemental jurisdiction, and in any case that the Court should not exercise any supplemental jurisdiction that it has...

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