Victor's Cafe 52nd Street, Inc. v. The Travelers Indemnity Company of America
- Andrew Carter
- 1:22-cv-07223
- U.S. District Court · Southern District of New York
- 2
In Victor’s Cafe v. Travelers, Judge Carter confirmed a $0 appraisal award for business-income loss and dismissed the case with prejudice.
The plaintiffs’ remaining claims for business-income loss were resolved by confirmation of the appraisal award, which awarded $0, and the case was dismissed with prejudice. The Travelers Indemnity Company of America obtained confirmation of the award and termination of the action.
What happened
Victor’s Cafe 52nd Street, Inc. and the other plaintiffs sued The Travelers Indemnity Company of America. Travelers asked the court to confirm an appraisal award issued by a state-court-appointed umpire, which found that the plaintiffs were entitled to $0 for business-income loss.
Magistrate Judge Sarah Netburn recommended granting Travelers’ motion and dismissing the case with prejudice. Neither side objected to that recommendation. The court reviewed the record for clear error and found none.
Judge Andrew L. Carter, Jr. adopted the recommendation in full. The court confirmed the November 26, 2024 appraisal award, dismissed the case with prejudice because the award resolved the remaining claims, directed entry of final judgment, and terminated the action.
The detailed version
- Victor's Cafe 52nd Street, Inc. v. The Travelers Indemnity Company of America · No. 1:22-cv-07223
- Andrew Carter
- Aug. 12, 2025
Background
The plaintiffs brought this action against The Travelers Indemnity Company of America. On January 31, 2025, Travelers moved to confirm an appraisal award issued by a state-court-appointed umpire on November 26, 2024. The award concluded that the plaintiffs were entitled to $0 for any business-income loss sustained.
Report and Recommendation
The matter had been referred to Magistrate Judge Sarah Netburn for general pretrial matters, and the court later referred Travelers’ motion to her. Judge Netburn recommended that the motion be granted and that the case be dismissed with prejudice. The parties were notified of their right to object, but no objections were filed.
When no timely objection is made to a magistrate judge’s report and recommendation, the district court may adopt it if the record shows no clear error. Judge Carter found no clear error and adopted the report and recommendation in its entirety.
Ruling
The court ordered confirmation of the appraisal panel’s November 26, 2024 award, including its conclusion that the plaintiffs were entitled to $0 for business-income loss. The court also ordered dismissal of the case with prejudice because confirmation of the award resolved the remaining claims. The Clerk of Court was directed to enter final judgment confirming the award and terminate the action.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.