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S.D.N.Y.Procedural orderFiled Feb. 2, 2022

N47 Associates LLC v. Alba Services Inc.

Judge
Vyskocil
Docket
1:21-cv-03490
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In N47 Associates v. Alba Services, Judge Vyskocil discontinued the case after a settlement in principle, subject to restoration by March 2, 2022.

Who this affects

The parties to the action: N47 Associates LLC, New York Marine and General Insurance Company, Inc., Alba Services Inc., and Accredited Surety & Casualty Co., Inc.

What happened

N47 Associates LLC and New York Marine and General Insurance Company, Inc. sued Alba Services Inc. and Accredited Surety & Casualty Co., Inc. The court received a letter stating that the parties had reached a settlement in principle.

The court discontinued the action without costs to any party. The case could be restored to the court’s calendar if the parties could not put their settlement in writing and applied to restore the case by March 2, 2022.

Judge Mary Kay Vyskocil ordered that if no restoration application was made by March 2, 2022, the dismissal would be with prejudice.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
N47 Associates LLC v. Alba Services Inc. · No. 1:21-cv-03490
Judge
Vyskocil
Date
Feb. 2, 2022

Background

A plaintiff filed a letter informing the court that the parties had reached a settlement in principle. The opinion does not describe the underlying claims or the settlement’s terms.

Ruling

The court ordered that the action be discontinued without costs to any party and without prejudice to restoring the action to the court’s calendar. Restoration was permitted if the parties were unable to memorialize their settlement in writing and made the application by March 2, 2022. The court further ordered that if no application to restore the action was made by that date, the dismissal would be with prejudice. The clerk was directed to terminate the docket entry concerning the settlement letter.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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