Notice of Removal (Diversity Action)

[Name]

[Address]

[Phone number]

Attorney for [Moving Party]

UNITED STATES DISTRICT COURT

FOR THE ________ DISTRICT OF ________

Civil Action, File Number ____

______________________________

________________, )

Plaintiff, ) NOTICE OF REMOVAL )

v. )

)

________________, )

Defendant. )

______________________________

PLEASE TAKE NOTICE that, pursuant to 28 U.S.C. §§ 1441(a) and 1446, the above-captioned action is removed by defendant __________ [Name] from the Supreme Court of the State of New York, County of __________ [County], to the United States District Court for the __________ [District] of New York, by the filing of this Notice of Removal with the Clerk of the United States District Court for the __________ [District] of New York.

__________ [Defendant’s name], by and through its undersigned attorneys, respectfully states the following as grounds for removal of this action:

1. This action may be removed to this Court by __________[Defendant’s name] pursuant to the provisions of 28 U.S.C. §§1441(a) and 1446.

2. On or about __________ [Date], plaintiff filed an action in the Supreme Court of the State of New York, County of __________[County], entitled __________[Title], Index No. __________ (the “State Court Action”).

3. In the Verified Complaint, plaintiff attempts to state causes of action for breach of contract (First Cause of Action) and fraud (Second Cause of Action).

4. Plaintiff seeks compensatory and punitive damages.

5. On or after __________ [Date], __________ [Defendant’s name] first received the Summons and Verified Complaint in the State Court Action when they were served on __________ [Defendant’s name] by __________ [Name].

6. This Notice of Removal is filed within thirty days after a copy of the Verified Complaint in the State Court Action was first received by __________ [Defendant’s name] and therefore is timely filed pursuant to 28 U.S.C. §1446(b).

7. Copies of all process, pleadings and orders served upon __________ [Defendant’s name] in the State Court Action are attached as Exhibit __.

8. A copy of the written notice required by 28 U.S.C. §1446(d), addressed to the adverse party and to the Clerk of the Supreme Court of the State of New York, County of __________, is attached as Exhibit __ and will be filed in the State Court Action and forwarded to plaintiff upon the filing of this Notice of Removal.

   JURISDICTION EXISTS UNDER 28 U.S.C. §1332.

9. This action is removable pursuant to the provisions of 28 U.S.C. §1441(a) because...