Boies Schiller Flexner LLP v. Tutor Perini Corporation

Filing 7

ORDER: that this Court lacks subject matter jurisdiction over this action; that the Dkt. No. 5 Remand Motion is Granted; and this case is Remanded to Supreme Court, Albany County.Signed by Senior Judge Lawrence E. Kahn on 10/05/2017. (hmr)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK BOIES SCHILLER FLEXNER, LLP, Plaintiff, -against- 1:17-CV-1082 (LEK/CFH) TUTOR PERINI CORPORATION, Defendant. ORDER On September 27, 2017, defendant Tutor Perini removed the state court action captioned Boies Schiller Flexner, LLP v. Tutor Perini Corp., Index No. 5882-17, from the Supreme Court of the State of New York, Albany County to this Court. Dkt. No. 1 (“Notice of Removal”). Defendant now moves to remand the case to state court pursuant to 28 U.S.C. § 1447(c). Dkt. No. 5 (“Remand Motion”). Because this Court lacks subject matter jurisdiction over this action, id. ¶ 4, the Remand Motion is GRANTED, and this case is REMANDED to Supreme Court, Albany County. IT IS SO ORDERED. DATED: October 05, 2017 Albany, New York

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