Wilmington Trust v. 1229 60 Street LLC
Wilmington Trust, National Association, as Trustee for the Registered Holders of Credit Suisse First Boston Mortgage Securities Corp., Multifamily Mortgage Pass-Through Certificates, Series 2019-SB61 v. 1229 60 Street LLC
- Vyskocil
- 1:22-cv-06149
- U.S. District Court · Southern District of New York
- 1
In Wilmington Trust v. 1229 60 Street LLC, Judge Vyskocil discontinued the action after a settlement in principle, allowing restoration by December 28, 2022, or dismissal becomes with prejudice.
The plaintiff and defendants in the action. The case was discontinued without costs, subject to possible restoration by December 28, 2022, and the dismissal would be with prejudice if no timely restoration application was made.
What happened
In Wilmington Trust, National Association v. 1229 60 Street LLC, the plaintiff informed the court that the parties had reached a settlement in principle.
The court discontinued the action without costs to any party and allowed it to be restored if the parties could not put their settlement in writing, provided an application was made by December 28, 2022.
Judge Mary Kay Vyskocil ordered that if no application to restore the action was made by that date, the dismissal would be with prejudice.
The detailed version
- Wilmington Trust v. 1229 60 Street LLC · No. 1:22-cv-06149
- Vyskocil
- Nov. 28, 2022
Background
The opinion states that the 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.
Court's Action
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 if the parties were unable to memorialize their settlement in writing. An application to restore the action had to be made by December 28, 2022.
Effect of the Order
Judge Mary Kay Vyskocil further ordered that if no application to restore the action was made by December 28, 2022, the dismissal would be with prejudice, meaning the action could not then be restored through that procedure. The court did not decide the underlying dispute.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.