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Plaintiff,
--
- against - 16 Civ. 8954 (LLS)
Defendant.
BACKGROUND
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Case 1:16-cv-08954-LLS Document 30 Filed 07/26/17 Page 2 of 8
motion to dismiss, arguing that the evidence shows that when the
DISCUSSION
(2d Cir. 2003) (summary order) ("It is well established that 'a statement of
residence, unlike domicile, tells the court only where the parties are living
and not of which state they are citizens.'"), quoting John Birch Soc'y v.
Nat' 1 Broad. Co., 377 F.2d 194, 199 (2d Cir. 1967).
2 "On a Rule 12(b) (1) motion challenging the district court's subject matter
jurisdiction, the court may resolve the disputed jurisdictional fact issues
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Case 1:16-cv-08954-LLS Document 30 Filed 07/26/17 Page 3 of 8
West's website that Aroch submitted, "Jeff and his family divide
their time between residences in the New York City and Los
F.3d 120, 125 (2d Cir. 2004), quoting Delaware, L. & W.R. Co. v.
Petrowsky, 250 F. 554, 560 (2d Cir. 1918). "One may have more
world, but a person may have only one domicile. A person may be
quoting Rosario Vo INS, 962 Fo2d 220, 224 (2d Cir. 1992) 0 For
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Case 1:16-cv-08954-LLS Document 30 Filed 07/26/17 Page 4 of 8
Palazzo v. Corio, 232 F.3d 38, 42 (2d Cir. 2000) (brackets and
ellipsis in Palazzo).
The parties do not dispute that Yohai was born in New York
and was domiciled in New York prior to late 2014. They dispute
overcome.
Mar. 15, 2002), quoting Nat'l Artists Mgmt. Co. v. Weaying, 769
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Case 1:16-cv-08954-LLS Document 30 Filed 07/26/17 Page 5 of 8
with his wife 3 and daughter. Yohai's wife is a film maker whose
California.
3
Thei~ ctivorce proceeding~ are underway in (unBurpriBingly) California.
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Case 1:16-cv-08954-LLS Document 30 Filed 07/26/17 Page 6 of 8
one of his New York real estate projects. It directed that all
California address.
address.
and had a New York real estate salesperson license that expired
family.
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Case 1:16-cv-08954-LLS Document 30 Filed 07/26/17 Page 7 of 8
Yohai's tax returns for 2015, the last year prior to this
declaration states that "My tax returns for 2016, which are
returns." Id. ! 6.
Yohai's wife and daughter have lived in both New York and
York and California. Yohai's nanny has lived in both New York
and California.
and forth between New York and California. Yohai has access to a
car in New York that is garaged at his New York address and
* * *
That Yohai was domiciled in New York prior to late 2014 is
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Case 1:16-cv-08954-LLS Document 30 Filed 07/26/17 Page 8 of 8
Katz v. Goodyear Tire & Rubber Co., 737 F.2d 238, 243-44 (2d
Cir. 1984).
CONCLUSION
So ordered.
~~~.s~~
LOUIS L. STANTON
U.S.D.J.
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