A plaintiff shopping center owner commenced an action in N.Y.S Supreme Court, Monroe County, (state court), alleging breach of contract and seeking attorney fees and expenses. Defendant “A” removed the action to federal court (court). The court had before it “A’s” motion to transfer venue to the Northern District (N.D.) of Texas and plaintiff’s motion to remand the matter to the state court, for abstention and costs. The court granted the plaintiff’s motion and denied “A’s” motion.

The plaintiff, a New York limited partnership had its principal place of business in New York and owns a shopping center located in Texas. “A” is a limited partnership, organized and doing business in Texas. Individual defendant “B” is a resident of Texas. The plaintiff and “A” were parties to two leases: a 2008 lease and a 2002 lease. The plaintiff and “B” had entered into a lease guarantee agreement in connection with the 2008 lease. Pursuant to the 2008 lease, “A” operated a “medical, health and well-being facility in the shopping center.”

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