DECISION AND ORDERINTRODUCTION Pro se plaintiff Elbert Welch (“Plaintiff’) commenced the instant action in New York State Supreme Court, Niagara County, on June 8, 2018, alleging that Defendants falsely reported to the Niagara Falls Police Department that he had stolen or otherwise failed to return a rental car. (Dkt. 1 at 12). Plaintiff alleges that Defendants made this false report because of his race and asserts various federal and state law causes of action. (Id. at 13-15).Defendants removed the action to this Court on June 27, 2018. (Dkt. 1). Currently pending before the Court are Defendants’ motion to dismiss the Complaint (Dkt. 3) and Plaintiff’s motion to remand the matter to state court (Dkt. 5). For the reasons set forth below, Plaintiff’s motion to remand is denied and Defendants’ motion to dismiss the Complaint is granted.FACTUAL AND PROCEDURAL BACKGROUNDPlaintiff filed the instant action in state court on June 8, 2018. (Dkt. 1 at 12-16). Plaintiff alleges that in February 2018, he rented a car from defendant Hertz Rental Car Agency (“Hertz”).1 (Id. at 13). According to Plaintiff, he explained at the time he rented the car that he had recently been in a car accident and was looking for a new vehicle to purchase, and that he would be using the rental car to travel to and from work. (Id.). Plaintiff claims that he had a “clear understanding and agreement” with Defendants that he “would rent the car until [he] found a new vehicle to purchase and that the costs would be charged to [his] credit card at the conclusion of the rental agreement.” (Id.). Plaintiff alleges that despite this understanding, and despite having charged more than $1,500.00 to Plaintiff’s credit card, Defendants thereafter “arbitrarily terminated the rental agreement and called the Niagara Falls Police Department and reported false claims that [he] had stolen or otherwise was delinquent in returning the rental car.” (Id.). Plaintiff claims that Defendants took these actions “because [he is] Black or African American.” (Id.). Based on these allegations, Plaintiff asserts claims pursuant to 42 U.S.C. §1981(a) and 42 U.S.C. §1985(3), and state law claims for libel, slander, breach of contract, and violations of the New York State Constitution. (Id. at 14-15). Plaintiff seeks $100,000 in compensatory damages and $100,000 in punitive damages. (Id. at 15).Kari Flanders, a Hertz employee who works at the relevant location in Niagara Falls, has submitted a sworn affidavit regarding Plaintiff’s attempt to serve the Complaint in this action. (Dkt. 3-4). Specifically, Ms. Flanders states that a company called Auto Collision & Glass owns a property located at 2200 Military Road in Niagara Falls, and that Hertz rents a portion of the property from Auto Collision & Glass. (Id. at
2-3). Auto Collision & Glass has a repair shop on the property that is adjacent to Hertz’s premises. (Id. at 4). On the outside of its repair shop, Auto Collision & Glass has a drop-box labeled “Key-Drop.” (Id. at 5). Hertz maintains its own drop-box that is labeled “Hertz Express Return.” (Id. at 6). On June 11, 2018, an employee from Auto Collision & Glass gave Ms. Flanders a copy of Plaintiff’s Summons and Complaint and informed her that it had been left in Auto Collision & Glass’s drop-box. (Id. at
