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Real Property: Foreclosure | New York Southern
Declaration (non-motion)
DECLARATION of Stephen J. Ginsberg re: 135 Judgment,,,,,,,,, for Receiver's Report of Sale and Distribution. Document filed by Stephen J. Ginsberg. (Attachments: # 1 Exhibit Publication of Notice of Sale with Invoice).(Lichtenstein, Mark)
Insurance | New York Eastern
Order(Other)
ORDER. Upon reviewing Defendant's submission at ECF No. 8 , it appears Defendant has met its burden, at the pleading stage, to establish that the LLC Plaintiff has no other member besides Mr. Friedberg. But Defendant has not established the citizenship of Mr. Friedberg. Counsel's bald assertion that he is a "NY resident" (ECF No. 8-1) does not suffice. See Von Der Schmidt v. Higgins, No. 23-CV-3389 (JMF), 2023 WL 3061550, at *1 (S.D.N.Y. Apr. 24, 2023) ("Allegations of residency alone are not enough.") (collecting cases). Citizenship is a function of "domicile, which is determined by considering a number of facts that show the party's 'true fixed home and principal establishment, and to which, whenever he is absent, he has the intention of returning.' The factors to consider in determining an individual's domicile include: 'current residence, voting registration, driver's license and automobile registration, location of brokerage and bank accounts, membership in fraternal organizations, churches, and other associations, places of employment or business, and payment of taxes.'" Kenshoo, Inc. v. Aragon Advert., LLC, 586 F. Supp. 3d 177, 184 (E.D.N.Y. 2022) (internal citations omitted).
Defendant shall file supplemental evidence establishing Mr. Friedberg's domicile on or before October 22, 2026. So Ordered by Magistrate Judge James M. Wicks on 10/8/2026. (JDF)
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