Silent Ad Damnum Leaves NY Defendants High And Dry

Law360, New York (December 10, 2013, 11:47 PM EST) -- A defendant sued in New York Supreme Court by a nondomiciliary plaintiff is entitled to seek removal of the action to an appropriate federal court on the basis of diversity jurisdiction so long as the amount in controversy and citizenship requirements are met. When the complaint either seeks nonmonetary relief or is silent as to the amount of damages, the defendant is in an unenviable situation.

Although the typical defendant always seeks to downplay the amount of any alleged damages, a defendant can only seek removal...
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