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S.D.N.Y.Procedural orderFiled Apr. 5, 2023

Infinity Transportation MSN 6651, LLC v. Synergy Aerospace Corp.

Judge
Ronnie Abrams
Docket
1:19-cv-00209-RA-SN
Court
U.S. District Court · Southern District of New York
Pages
2
ContractCivil Procedure
In one sentence

In Infinity Transportation v. Synergy Aerospace, Judge Abrams adopted a damages recommendation after default and directed judgment for Infinity.

Who this affects

Infinity Transportation MSN 6651, LLC received the damages award and judgment against Synergy Aerospace Corp.; the case was closed.

What happened

Infinity Transportation MSN 6651, LLC sued Synergy Aerospace Corp. to enforce Synergy’s guarantee of a lease agreement with a nonparty lessee. After Synergy’s lawyer withdrew and Synergy did not appear through new counsel, the court entered default judgment for Infinity.

The court referred the question of damages to Magistrate Judge Netburn. Judge Netburn recommended an award, and neither party objected. The district court therefore reviewed the recommendation for clear error and found none.

Judge Ronnie Abrams adopted the recommendation in full, awarded the damages and other amounts listed in the opinion, directed the Clerk of Court to enter judgment for Infinity, and closed the case.

The detailed version

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

Case
Infinity Transportation MSN 6651, LLC v. Synergy Aerospace Corp. · No. 1:19-cv-00209-RA-SN
Judge
Ronnie Abrams
Date
Apr. 5, 2023

Background

Infinity Transportation MSN 6651, LLC brought the action to enforce Synergy Aerospace Corp.’s guarantee of a lease agreement with a nonparty lessee. After Synergy’s counsel moved to withdraw, Synergy did not respond to that motion or appear through new counsel. Infinity then moved for default judgment, which the court granted.

Damages Recommendation

The court referred the case to Magistrate Judge Netburn for an inquest on damages. On February 24, 2023, Judge Netburn issued a Report and Recommendation. No party objected.

When no objection is made to a magistrate judge’s recommendation, the district court reviews the recommendation for clear error on the record. After that review, the court found no error and adopted Judge Netburn’s Report and Recommendation in its entirety.

Ruling

The court awarded Infinity the following amounts, as stated in the opinion:

- $12,567,527.00 in lease-related damages; - $3,720,851.94 in out-of-pocket damages; - $248,947.85 in attorneys’ fees; - $1,500.9 in costs; and - $1,177,158.36 in prejudgment interest on the lease-related damages.

The opinion states the total award as “$17,716,13.04,” which appears in that form in the text. Judge Ronnie Abrams directed the Clerk of Court to enter judgment for Infinity and close the case.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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