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BANKERS STANDARD INSURANCE COMPANY v. MAQUETTE FINE ART SERVICES, INC. et al complaint

BANKERS STANDARD INSURANCE COMPANY v. MAQUETTE FINE ART SERVICES, INC. et al complaint

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Published by: ACELitigationWatch on Oct 16, 2013
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Case
1:13-cv-07093-LAK
Document
1
Filed 10/07/13 Page
1
of 11
JUDGE KAP1AN
UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF NEW YORK
13
CI
BANKERS STANDARD INSURANCE COMPANYas subrogee of JANICE GERMANO,
-X
Plaintiff,
against
iVMQUETTE-FINeART-S-ERVICES,INe.,and
^OUTTTPAS^TRANSART,
LTD,
T
Defendants.
-X
Plaintiff,
BANKERS STANDARD INSURANCE COMPANY as subrogee of JANICEGERMANO, by and through its attorneys, Cozen O'Connor, complaining of Defendants, allegesupon information and
belief:
THE
PARTIES
1.
Plaintiff,
Bankers Standard Insurance Company as subrogee of Janice Germano(hereinafter "Bankers Standard" or "Plaintiff'), is a foreign corporation duly organized andexisting under the laws of the State of Pennsylvania, having its principal place of businesslocated at 436 Walnut Street, Philadelphia, Pennsylvania 19106, and is and was at all timesmaterial hereto duly authorized to issue policies of insurance in the State of New York.
2.
Defendant Maquette Fine Art Services, Inc. (hereinafter "Maquette" or"Defendant") is a domestic corporation, duly organized and existing under the laws of the Stateof New York, having a principal place of business located at 288 West Street, New York, NewYork 10013.
 
Case
1:13-cv-07093-LAK
Document
1
Filed
10/07/13 Page 2 of
11
3.
Defendant South Pass Transart, Ltd. (hereinafter "South Pass" or "Defendant")was and is a domestic corporation, duly organized and existing under the laws of the State ofNew York,
and
had a principal place of business located at 288 West Street, New York, NewYork 10013.
4.
At
all times material hereto, Maquette and South Pass were and are in the
-business~of
handlingT-packaging, shipping,
crating,
transporting,-w^ehousing-andy%-storing-
specialized items
and/or
fine arts.
JURISDICTION AND VENUE
5.
The jurisdiction of this court is invoked pursuant to 28 U.S.C. §1332, as thisaction is between citizens of different states and the amount in controversy exceeds $75,000.00,exclusive of interest and the costs of the action.6. Venue is proper pursuant to 28 U.S.C. §1391 in that a substantial part of theevents or omissions giving rise to the claims herein occurred in this district.FACTS7. At all times material hereto, Janice Germano (hereinafter "Germano" or
"Plaintiffs
subrogor") is
arid
was a citizen of the State of New
York.
8. At all times material hereto, Germano owned several original paintings by variousartists (hereinafter "Subject Paintings").
 
Case
1:13-cv-07093-LAK
Document
1
Filed
10/07/13
Page 3 of
11
9.
Germano
entered into an agreement (hereinafter "Agreement") with DefendantSouth Pass regarding the handling, packaging, shipping, crating, transporting, warehousing
and/or
storage of the Subject Paintings.
10.
Pursuant to the Agreement, South Pass agreed to handle, crate, pack, ship,transport, warehouse and/or store the Subject Paintings in exchange for fees to be paid byGerman©;
11.
Pursuant to the Agreement, South Pass packed
and/or
crated the Subject Paintingsand transported them to their various storage facilities, before finally placing the SubjectPaintings at its warehouse at 288 West Street, New York, New York (hereinafter "SubjectWarehouse").
12.
Pursuant to the Agreement, South Pass
warehoused
and/or stored the SubjectPaintings at the Subject Warehouse until 2012.
13.
At the time South Pass took possession, custody and control of the SubjectPaintings, they were in excellent condition and did not have any visible damage.
14.
In 2012, South Pass ceased doing business and through merger, acquisition,
and/or
other means of succession, Maquette assumed its rights and obligations and obtainedpossession of the Subject Paintings.
15.
During the time period when the Subject Paintings were in Defendants'possession custody and control, Germano paid all of the fees billed by Defendants related to thehandling, packaging, shipping, crating, transporting, warehousing
and/or
storage of the SubjectPaintings.

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