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LA RUSSO v. ST. GEORGE'S UNIVERSITY SCHOOL

Docket No. 13-1665-cv.

747 F.3d 90 (2014)

Maria LA RUSSO, as attorney in fact for A. Matthew De Lucia, Plaintiff-Appellant, v. ST. GEORGE'S UNIVERSITY SCHOOL OF MEDICINE, John Does, 1-5, (as employees, agents, and/or servants of St. George's and/or as independent contractors), Jane Does, 1-5, (as employees, agents, and/or servants of St. George's and/or as independent contractors), Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: March 4, 2014.

Attorney(s) appearing for the Case

Joshua S. Moskovitz , Beldock Levine & Hoffman LLP, New York, N.Y. ( Myron Beldock , Beldock Levine & Hoffman LLP, New York, NY, on the brief), for Appellant.

Gerald W. Sawczyn , Proskauer Rose LLP, New York, N.Y. ( Charles S. Sims , Proskauer Rose LLP, New York, NY, on the brief), for Appellees.

Before: NEWMAN, HALL, and LIVINGSTON, Circuit Judges.

JON O. NEWMAN, Circuit Judge.

This appeal primarily concerns a narrow issue of federal procedural law and an equally narrow issue of New York procedural law. The federal law issue is whether a real party defendant in interest that owns and operates a non-juridical entity that was improperly sued in state court may remove a diversity case to federal court without filing an appearance in the state court prior to attempting removal. The state law issue is whether New...

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