Buxbaum v. Rosano
- Clarke
- 7:25-cv-00616
- U.S. District Court · Southern District of New York
- 1
In Buxbaum v. Rosano, Judge Clarke dismissed the case because a divorce-settlement dispute belongs in state court, not federal court.
Michael Buxbaum and the defendant in this federal case; the court dismissed the case and ordered it closed.
What happened
In Buxbaum v. Rosano, Michael Buxbaum filed claims for breach of contract and intentional infliction of emotional distress after a dispute involving a divorce settlement.
The court said that changing the legal labels did not change the underlying matrimonial nature of the dispute. It also said Buxbaum had not shown any obstacle to having the matter fully and fairly decided in state court.
Judge Jessica G. L. Clarke dismissed the case for lack of subject-matter jurisdiction and directed the Clerk of Court to close it and mail the order to the parties.
The detailed version
- Buxbaum v. Rosano · No. 7:25-cv-00616
- Clarke
- Apr. 15, 2025
Background
The court had previously ordered Michael Buxbaum to explain why the case should not be dismissed for lack of subject-matter jurisdiction, meaning the federal court's legal authority to hear the dispute. Buxbaum responded with an amended complaint alleging breach of contract and intentional infliction of emotional distress.
Jurisdictional Analysis
The court concluded that the claims arose from an underlying matrimonial dispute concerning a divorce settlement. It relied on Second Circuit authority stating that federal courts lack subject-matter jurisdiction over matrimonial actions concerning divorce. The court also noted that federal courts should decline jurisdiction when a dispute is close to being matrimonial in nature and there is no obstacle to a full and fair determination in state court. The court found that Buxbaum had not explained why such an obstacle existed here.
Disposition
The court dismissed the case for lack of subject-matter jurisdiction. It directed the Clerk of Court to close the case and mail a copy of the order to Buxbaum and the defendant.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.