7 West 21 LI LLC v. Mosseri
- John Cronan
- 1:21-cv-05621
- U.S. District Court · Southern District of New York
- 2
In 7 West 21 LI LLC v. Mosseri, Judge Cronan remanded the case after Mosseri failed to file the required removal declaration.
The remand affected the defendant, Clement Moserri, and returned the case from federal court to the City Court of the City of New York, County of New York, Housing Part. The order also denied Moserri permission to appeal without paying court fees.
What happened
7 West 21 LI LLC v. Mosseri began after Mosseri removed a state-court case to federal court. The court ordered him to file a declaration meeting the requirements for removal.
The court warned Mosseri that the case would be sent back to state court if he did not file the declaration by the deadline or show good cause for not doing so. He did not comply with the orders.
Judge John P. Cronan remanded the case to the City Court of the City of New York, County of New York, Housing Part. The court also denied Mosseri permission to appeal without paying court fees, directed the clerk to close the case, and ordered that the decision be mailed to Mosseri, who was representing himself.
The detailed version
- 7 West 21 LI LLC v. Mosseri · No. 1:21-cv-05621
- John Cronan
- Mar. 4, 2022
Background
The defendant had removed a state-court action to federal court. On July 7, 2021, Chief Judge Laura Taylor Swain ordered him to file a declaration satisfying 28 U.S.C. § 1446(a), the federal statute governing the requirements for removing a state case. The order warned that the case would be remanded if he did not comply by August 7, 2021, without showing good cause for the failure.
The case was assigned to Judge John P. Cronan on July 19, 2021. On February 1, 2022, Judge Cronan again warned the defendant that the case would be remanded without further notice if he did not file the required declaration by March 3, 2022. The defendant did not comply with the orders.
Ruling
The court remanded the case to the City Court of the City of New York, County of New York, Housing Part. The clerk was directed to carry out the remand, close the case, and mail the order to the pro se defendant, meaning the defendant was representing himself.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied the defendant permission to appeal without paying court fees. The opinion does not further describe the underlying state-court claims or decide their merits.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.