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Case 1:21-cv-10653-PKC Document 1 Filed 12/13/21 Page 1 of 7
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
`---------------------------------------------------------------- X
`
`ANGELO MAHER,
`
`Civil Case No. ______________
`
`NOTICE OF REMOVAL
`
`Plaintiff,
`
`-against-
`
`NUSRET NEW YORK LLC,
`
`Defendant.
`
`---------------------------------------------------------------- X
`
`TO: UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK:
`
`Pursuant to 28 U.S.C. § 1441 et seq., defendant Nusret New York LLC hereby removes
`
`the state court action, Angelo Maher v. Nusret New York LLC, Index Number 157934/2021,
`
`Supreme Court of the State of New York, County of New York, to the United States District Court
`
`for the Southern District of New York. Removal is warranted under 28 U.S.C. § 1441(c) because
`
`the state court action arises under the Constitution, laws, or treaties of the United States, within
`
`the meaning of 28 U.S.C. § 1331, over which this Court has original jurisdiction.
`
`In support of this notice and as grounds for removal, Defendant states as follows:
`
`1.
`
`A Summons with Notice was filed by Plaintiff with the Supreme Court of the State
`
`of New York, County of New York, on August 24, 2021.
`
`2.
`
`On October 19, 2021, counsel for the parties filed a stipulation with the Supreme
`
`Court of the State of New York, County of New York, acknowledging Defendant’s service of a
`
`demand for the Complaint, extending Plaintiff’s time to file and serve his Complaint to November
`
`12, 2021, and extending Defendant’s time to answer, move, or otherwise to the Complaint to
`
`December 13, 2021.
`
`3.
`
`On November 12, 2021, Plaintiff filed his Complaint with the Supreme Court of
`
`the State of New York, County of New York.
`
`1
`
`

`

`Case 1:21-cv-10653-PKC Document 1 Filed 12/13/21 Page 2 of 7
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`4.
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`Pursuant to 28 U.S.C. § 1446(a), Defendant hereby provides copies of all process,
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`pleadings, and orders served upon it in the state court action. Annexed as Exhibit A is a true and
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`accurate copy of the Summons with Notice. Annexed as Exhibit B is a true and accurate copy of
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`the parties’ stipulation. Annexed as Exhibit C is a true and accurate copy of the Complaint.
`
`Annexed as Exhibit D is a true and accurate copy of the complete state court docket history.
`
`I.
`
`Jurisdictional Basis for Removal – Federal Question
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`5.
`
`Under 28 U.S.C. § 1441(a), “any civil action brought in a State court of which the
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`district courts of the United States have original jurisdiction, may be removed by the defendant or
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`the defendants, to the district court of the United States for the district and division embracing the
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`place where such action is pending.”
`
`6.
`
`Under 28 U.S.C. § 1441(c), “If a civil action includes a claim arising under the
`
`Constitution, laws, or treaties of the United States,” within the meaning of 28 U.S.C. § 1331, “the
`
`entire action [including state law claims] may be removed.”
`
`7.
`
`The claims asserted by Plaintiff are subject to an arbitration agreement between the
`
`parties. While Defendant has proposed removal and arbitration, Plaintiff has refused to consent to
`
`removal and arbitration and instead has maintained this action in the New York State Supreme
`
`Court. Therefore, Defendant expects this case to present issues under the Federal Arbitration Act
`
`and Article 75 of the New York Civil Practice Law and Rules, and because of the limited period
`
`to remove this action to this Court, this Notice of Removal has been filed.
`
`II.
`
`Removal to this Court is Otherwise Proper
`
`8.
`
`This notice is being timely filed under 28 U.S.C. § 1446(b) based upon the date of
`
`the receipt by Defendant of the Complaint setting forth the claim for relief upon which this action
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`is based and upon the executed stipulation between the parties.
`
`2
`
`

`

`Case 1:21-cv-10653-PKC Document 1 Filed 12/13/21 Page 3 of 7
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`9.
`
`The United States District Court for the Southern District of New York embraces
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`the county in which the state court action is now pending, and thus this Court is the proper venue
`
`for this action.
`
`10.
`
`In accordance with 28 U.S.C. § 1446(d), Defendant is filing written notice of this
`
`removal with the Clerk of the Supreme Court of the State of New York, County of New York, and
`
`a Notice of Filing of Notice of Removal, together with this Notice of Removal, are being served
`
`upon Plaintiff.
`
`11.
`
`If any questions arise as to the propriety of the removal of this action, Defendant
`
`requests the opportunity to brief any disputed issues and to present oral argument in support of the
`
`position that this case is properly removable.
`
`12.
`
`Nothing in this Notice of Removal shall be interpreted as a waiver or
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`relinquishment of Defendant’s rights to assert any defense or affirmative matter including, without
`
`limitation, the defenses of: 1) lack of jurisdiction over the person, 2) improper venue, 3)
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`insufficiency of process, 4) insufficiency of service of process, 5) improper joinder of claims
`
`and/or parties, 6) failure to state a claim, or 7) any other procedural or substantive defense available
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`under state or federal law.
`
`WHEREFORE, Defendant respectfully removes this action from the Supreme Court of
`
`the State of New York, County of New York, to this Court, pursuant to 28 U.S.C. § 1441.
`
`Dated: New York, New York
`December 13, 2021
`
`
`GORDON REES SCULLY MANSUKHANI, LLP
`
`By: /s/ David Grech
`David J. Grech
`One Battery Park Plaza, 28th Floor
`
`3
`
`

`

`Case 1:21-cv-10653-PKC Document 1 Filed 12/13/21 Page 4 of 7
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`New York, NY 10004
`(212) 269-5500
`Attorneys for Defendants
`
`4
`
`

`

`Case 1:21-cv-10653-PKC Document 1 Filed 12/13/21 Page 5 of 7
`CERTIFICATE OF SERVICE
`
`This is to certify that the foregoing Notice of Removal, with exhibits, together with the
`Notice to Plaintiff of Filing of Notice of Removal, was sent via electronic mail and the New York
`State Courts Electronic Filing System on the 13th day of December 2021 to:
`
`G. Oliver Koppell, Esq.
`Scott Doherty, Esq.
`Law Offices of G. Oliver Koppell
`99 Park Avenue, Suite 1100
`New York, New York 10016
`Okoppell@koppellaw.com
`sdoherty@koppellaw.com
`Attorneys for Plaintiff
`
`/s/ David J. Grech
`David J. Grech
`
`5
`
`

`

`Case 1:21-cv-10653-PKC Document 1 Filed 12/13/21 Page 6 of 7
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`-------------------------------------------------------------------- X
`
`ANGELO MAHER,
`
`Index No. 157934/2021
`
`Plaintiff,
`
`-against-
`
`NUSRET NEW YORK LLC,
`
`Defendant.
`
`-------------------------------------------------------------------- X
`
`NOTICE TO STATE COURT OF FILING NOTICE OF REMOVAL
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`To: Hon. Milton Tingling, Clerk of Supreme Court, New York County, New York.
`
`PLEASE TAKE NOTICE that defendant Nusret New York LLC filed its Notice of
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`Removal to the United States District Court for the Southern District of New York, a copy of
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`which is attached hereto. Defendant hereby files a copy of the Notice with the Clerk of the
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`Supreme Court of New York County, New York, in accordance with 28 U.S.C. § 1446(d).
`
`Dated: December 13, 2021
`
`
`
`Respectfully submitted,
`
`GORDON REES SCULLY MANSUKHANI, LLP
`
`BY: /s/ David J. Grech
`David J. Grech
`One Battery Park Plaza, 28th Floor
`New York, NY 10004
`(212) 269-5500
`Attorneys for Defendants
`
`1
`
`

`

`Case 1:21-cv-10653-PKC Document 1 Filed 12/13/21 Page 7 of 7
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`-------------------------------------------------------------------- X
`
`ANGELO MAHER,
`
`Index No. 157934/2021
`
`Plaintiff,
`
`-against-
`
`NUSRET NEW YORK LLC,
`
`Defendant.
`
`-------------------------------------------------------------------- X
`
`NOTICE TO PLAINTIFF OF FILING OF NOTICE OF REMOVAL
`
`To:
`
`Law Offices of G. Oliver Koppell, attorneys for Plaintiff, 99 Park Avenue, Suite 1100,
`New York, New York 10016
`
`You will please take notice that defendant Nusret New York LLC (“Defendant”), in the
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`above-styled and numbered action originally filed in the Supreme Court of the State of New York,
`
`County of New York, namely, Angelo Maher v. Nusret New York LLC,
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`Index Number
`
`157934/2021, has filed in the United States District Court for the Southern District of New York,
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`its Notice of Removal in the above-captioned action from the Supreme Court of the State of New
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`York, County of New York, to the United States District Court for the Southern District of New
`
`York.
`
`Attached hereto you will find a copy of said Notice of Removal.
`
`Yours truly,
`
`GORDON REES SCULLY MANSUKHANI, LLP
`BY: /s/ David J. Grech
`David J. Grech
`One Battery Park Plaza, 28th Floor
`New York, NY 10004
`(212) 269-5500
`Attorneys for Defendants
`
`1
`
`

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