Volfman v. 176 7th Avenue Pizza, LTD
- Vyskocil
- 1:23-cv-00809
- U.S. District Court · Southern District of New York
- 1
In Joseph Volfman v. Pyramid Effect LLC, Judge Vyskocil dismissed the action after the parties reported a settlement in principle, while allowing restoration by November 6.
Joseph Volfman and the defendants, PYRAMID EFFECT LLC d/b/a TIVOLI TRATTORIA and HUANG’S HOLDING CORP.; the action was discontinued based on the parties’ reported settlement in principle.
What happened
Joseph Volfman told the court that the parties had reached a settlement in principle in Joseph Volfman v. Pyramid Effect LLC d/b/a Tivoli Trattoria and Huang’s Holding Corp.
The court discontinued the action without costs to any party and without prejudice to restoring it to the court’s calendar if the parties could not put their settlement in writing. Any request to restore the action had to be made by November 6, 2023. If no request was made by then, the dismissal would be with prejudice.
Judge Mary Kay Vyskocil entered the order on October 6, 2023.
The detailed version
- Volfman v. 176 7th Avenue Pizza, LTD · No. 1:23-cv-00809
- Vyskocil
- Oct. 6, 2023
Background
Joseph Volfman 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. The order stated that the action could be restored to the court’s calendar without prejudice—that is, without permanently barring restoration—if the parties were unable to memorialize their settlement in writing and an application to restore the action was made by November 6, 2023.
The order further stated that if no application to restore the action was made by that date, the dismissal would be with prejudice, meaning the action could not then be restored. The court did not state that the settlement had been finalized.
Disposition
Judge Mary Kay Vyskocil ordered the dismissal on October 6, 2023, subject to the stated deadline and conditions.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.