Sposato v. Serrano
- Louis Stanton
- 1:24-cv-08745
- U.S. District Court · Southern District of New York
- 6
In Sposato v. Serrano, Judge Stanton dismissed the complaint for lack of jurisdiction, denied pending motions without prejudice, and allowed amendment.
Linda Sposato’s case was dismissed for lack of subject-matter jurisdiction, but she may file an amended complaint within 30 days. The pending motions were denied without prejudice.
What happened
In Sposato v. Serrano, Linda Sposato sued several attorneys and a state-court judge over a Westchester County foreclosure matter. She asserted state-law claims, including negligence, legal malpractice, breach of contract, and breach of fiduciary duty, and sought to remove liens, stop an auction, and recover money damages.
The court dismissed the complaint because it did not establish federal-question or diversity jurisdiction. The court also denied without prejudice all pending motions, including requests for emergency relief and summonses. Sposato was given 30 days to file an amended complaint alleging facts showing federal jurisdiction.
Judge Louis L. Stanton ordered the case kept open until judgment is entered and stated that any appeal would not qualify for fee-free status because it would not be taken in good faith.
The detailed version
- Sposato v. Serrano · No. 1:24-cv-08745
- Louis Stanton
- May 21, 2025
Background
Linda Sposato, who was proceeding without a lawyer and had been allowed to file without prepaying fees, brought state-law claims connected to a Westchester County foreclosure matter. The defendants were Rosalina Serrano, David Doyaga, Brian Mccaffrey, Anthony Brigandi, and New York State Supreme Court Justice Linda Jamieson. The opinion states that the attorneys appeared to be private attorneys located in New York and identifies Justice Jamieson as a state-court judge.
Sposato alleged problems involving a foreclosure, liens, and documents filed in state court. In attachments, she asserted claims for breach of contract, breach of fiduciary duty, negligence, and legal malpractice. She asked the federal court to remove liens, stop an auction, and award monetary damages. She also filed requests for emergency injunctive relief and for issuance of summonses.
Jurisdictional analysis
The court explained that federal district courts generally have jurisdiction over claims arising under federal law or over disputes between citizens of different states when the amount in controversy exceeds $75,000. The court found that Sposato’s claims arose under state law and that the complaint contained no facts showing a federal claim. The court also found that the complaint did not establish diversity jurisdiction because Sposato indicated that she and the defendants resided in New York.
The court noted that the requested relief would require intervention in or oversight of a state-court matter. It alerted Sposato that doctrines limiting federal interference with state-court proceedings might also apply, but the dismissal was based on lack of subject-matter jurisdiction.
Rulings
The court dismissed Sposato’s complaint for lack of subject-matter jurisdiction under Federal Rule of Civil Procedure 12(h)(3). Because the complaint did not establish jurisdiction, the court denied without prejudice all pending motions, including the requests for emergency injunctive relief and issuance of summonses. The court had previously denied an emergency-injunction request on January 7, 2025, for the same jurisdictional reason.
Because Sposato was proceeding without a lawyer, the court granted her 30 days’ leave to amend the complaint to allege facts showing subject-matter jurisdiction. The court stated that if she did not file an amended complaint within that period, the Clerk would be directed to enter judgment. The court also certified that any appeal would not be taken in good faith and denied fee-free status for an appeal. The Clerk was directed to keep the matter open until a civil judgment is entered.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.