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IN THE U.S. DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
Name (s) )
Plaintiff (s), )
v. ) Civil Action No.
Name (s) )
Defendant (s). )
MOTION TO DISMISS
The defendant moves the court as follows:
1. To dismiss the action because the complaint fails to state a claim against defendant upon which relief can be granted.
2. To dismiss the action or in lieu thereof to quash the return of service of summons on the grounds (a) that the defendant is a corporation organized under the laws of Delaware and was not and is not subject to service of process within the Southern District of New York, and (b) that the defendant has not been properly served with process in this action, all of which more clearly appears in the affidavits of M. N. and X. Y. hereto annexed as Exhibit A and Exhibit B respectively.
3. To dismiss the action on the ground that the summons was not properly served on the defendant in that it was received by a party unknown to the defendant and who does not live at the residence where service is alleged to have been made.
4. To dismiss the action on the ground that the court lacks
jurisdiction because the amount actually in controversy is less than ten thousand dollars exclusive of interest and costs.
Attorney for Defendant.
Notice of Motion
Attorney for Plaintiff.
Please take notice, that the undersigned will bring the above motion on for hearing before this Court at Room XX, United States Court House, Foley Square, City of New York, on the XXX day ofXXXX, 193X, at 10 o'clock in the forenoon of that day or as soon thereafter as counsel can be heard.
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