Doncouse v. On The Corner NY, LLC

Background

Graciela Doncouse was the plaintiff. The defendants were On The Corner NY, LLC, doing business as The Mary Lane, and Left Bank Apartment Corp. On November 14, 2022, Doncouse filed an amended complaint that the court said adequately alleged standing, meaning a sufficient connection to the dispute to bring the case in court.

The defendants had notified the court that the parties reached an agreement in principle resolving all issues and asked the court to retain jurisdiction, or legal authority over the case, for 45 days while they prepared settlement documents.

Court’s Order

The court canceled all previously scheduled conferences and other deadlines. It dismissed the case with prejudice and without costs, including attorneys’ fees, to either party. The Clerk of Court was directed to terminate all open motions and close the case.

The parties could apply to reopen the case within 30 days, but the application had to show good cause for keeping the case open in light of the settlement. The court stated that a request filed after 30 days or without a showing of good cause could be denied solely on that basis.

The court also stated that, if the parties wanted the court to retain jurisdiction to enforce their settlement agreement, they had to submit the agreement and a request for an order expressly retaining that authority within the same 30-day period.

Result

The court entered a dismissal with prejudice based on the parties’ settlement and closed the case. The order did not decide the underlying claims on their merits.