CSMC 2007-C1 Dolson Ave. Inc. v. Playtogs

Civil Practice

New York Law Journal


Judge Thomas Griesa

Delaware limited liability company CSMC has a Florida mailing address. Organized under Pennsylvania law, limited partnership Playtogs has a New York agent for service of process. New Jersey resident Massry guaranteed Playtogs' promissory note on a $12.5 million loan from GMAC Commercial Mortgage Bank, secured by certain mortgaged premises. The loan documents were eventually assigned to CSMC which, invoking diversity jurisdiction, sought foreclosure and summary judgment that Playtogs and Massry were liable for any deficiency after the mortgaged premises are sold and the balance paid to CSMC. Denying CSMC's unopposed motion for summary judgment, the court ordered it to show cause why the case should not be dismissed for lack of jurisdiction. CSMS did not assert a proper basis for the court to decide if it was a citizen of a state different from Playtogs and Massry. Because CSMC did not provide information as to its members' citizenship the court could not determine what state CSMC was a citizen of. Nor could Playtogs' citizenship be established. Because it did not provide information about the citizenship of Playtogs' members, CSMC's complaint failed to properly allege Playtogs' citizenship.

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