Murphy v. Kohn Gallery
- Vyskocil
- 1:21-cv-10566
- U.S. District Court · Southern District of New York
- 1
In Murphy v. Kohn Gallery, Judge Vyskocil discontinued the settled action, allowing timely restoration but otherwise making the dismissal with prejudice.
James Murphy and Kohn Gallery, the parties to the action.
What happened
In Murphy v. Kohn Gallery, James Murphy sued Kohn Gallery, and the court received letters stating that the parties had reached a settlement. The opinion does not describe the settlement’s terms.
The court ordered the action discontinued without costs to either party. It allowed either party to ask to restore the action to the court’s calendar by April 16, 2022; if no such request was made, the dismissal would be with prejudice.
Judge Mary Kay Vyskocil also adjourned all other dates and deadlines indefinitely. The order was entered on March 16, 2022.
The detailed version
- Murphy v. Kohn Gallery · No. 1:21-cv-10566
- Vyskocil
- Mar. 16, 2022
Background
James Murphy was the plaintiff and Kohn Gallery was the defendant. The court received letters stating that the parties had reached a settlement. The opinion does not provide the settlement’s terms or explain the claims.
Ruling
The court ordered that the action be discontinued without costs to any party. The order allowed the action to be restored to the court’s calendar if an application to restore it was made by April 16, 2022. If no application was made by that date, the dismissal would be with prejudice, meaning the action could not be reopened through that restoration procedure. The court also adjourned all other dates and deadlines indefinitely.
Effect
The order resolved the case based on the reported settlement rather than deciding the underlying claims. It did not state whether an application to restore the action was later made.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.