Skip to Navigation
The Collaborative Clearinghouse for Lawsuits and Other Claims Against ACE Group Insurance Companies

BARTCO MANAGEMENT CORP. et al v. ACE AMERICAN INSURANCE COMPANY

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

Case Number: 
2:14-cv-02960 Search Pacer
ACE Group party(s): 
Opposing Party: 
Bartco Management Corp.
Court Type: 
Federal
US District Court: 
Eastern District of New York
Date Filed: 
May 9 2014

PLEASE TAKE NOTICE that Defendant, ACE AMERICAN INSURANCE COMPANY
("ACE"), through their undersigned counsel, remove all further proceedings in this action to the United
States District Court for the Eastern District of New York from the Supreme Court of the State of New
York, County of Nassau. The basis for removal is as follows:

1. Upon information and belief, on or about March 14, 2014, Plaintiffs Bartco Management
Corp. ("Bartco") and 1442 Wantagh Ave. Corp. ("Wantagh") filed a summons and complaint against
defendant ACE in the Supreme Court of the State of New York, County of Nassau, Index No.
601161/2014 (the "State Court Action"). Copies of all process, pleadings, and orders are attached
hereto. Copies of Plaintiffs' Summons, Complaint, Notice of Commencement of Action Subject to
Mandatory Electronic Filing and Assignment of Index Number are attached hereto as Exhibit A.

2. By notice dated April 14, 2014, the New York State Department of Financial Services
(the "DFS") acknowledged Plaintiffs' service of the summons and complaint on April 11, 2014. The
notice also informed ACE that the DFS accepted service of Plaintiffs' summons and complaint on
ACE's behalf. A copy of the DFS's notice of April 14, 2014 regarding its acceptance of original service
of process is attached hereto as Exhibit B.

3. This is an insurance coverage action in which Plaintiffs seek declaratory judgment
adjudicating the respective rights, duties and obligations of Plaintiffs and ACE under a policy of
insurance. In particular, Plaintiffs alleges that ACE is obligated to provide coverage for "Corrective
Action Costs" arising from an alleged "Pollution Condition" in connection with an underground storage
tank on property owned by Wantagh and managed by Bartco. See, Exhibit A, Plaintiffs Complaint,
paras. 20-26.

4. According to the complaint, Plaintiffs are New York corporations which maintain their
principal places of business in New York. See, Exhibit A, Plaintiffs Complaint, paras. 1-2.

5. ACE is an insurance company incorporated in Pennsylvania and maintains its principal
place of business in a state other than New York.

6. Upon information and belief, the citizenship of the parties as alleged above existed at the
time this action was commenced against ACE and remains unchanged at the time of removal.

7. This Court has original jurisdiction pursuant to 28 U.S.C. § 1332(a) because the amount
in controversy, exclusive of interest and costs, exceeds the sum of $75,000, and there is complete
diversity of citizenship between Plaintiffs and ACE. Thus, this action may be removed to this Court by
defendants pursuant to the provisions of 28 U.S.C. § 1441.

8. This Notice of Removal is timely filed in accordance with 28 U.S.C. § 1446 because it is
filed within thirty (30) days after ACE first received a copy of the summons and complaint and because
the State Court Action has been pending for less than one year.

9. The United States District Court for the Eastern District of New York is the judicial
district embracing the location where Plaintiffs Complaint is pending: the Supreme Court of the State of
New York, County of Nassau.

10. Under 28 U.S.C. § 1446(d), written notice of the filing of this Notice of Removal will be
served, as soon as possible, upon Plaintiffs through their attorney of record, and a copy of this Notice of
Removal will be filed, as soon as possible, with, and noticed to, the Clerk for the Supreme Court of the
State of New York, County of Nassau.

The provided text is an excerpt from a document filed in this case. For a full understanding of the case, one should read the complete court file, including the response.

Javascript is required to view this map.