Victor's Cafe 52nd Street, Inc. et al v. The Travelers Indemnity Company of America

Filing 53

ORDER denying 44 Motion re: 44 MOTION To Appoint An Umpire re: 43 Memo Endorsement. The parties are unable to agree on an umpire to assist with the appraisal of Plaintiff's loss and accordingly request that the Court select o ne. Pursuant to New York Insurance Law § 3408, the Defendant is ORDERED to submit, no later than November 20, 2023, an application for the selection of an umpire to "a justice of the supreme court residing in the county or to a county ju dge of the county in which the lost or damaged property is or was located." Because the issue of the value of the loss remains in dispute, the parties are ORDERED to continue to exchange discovery. Defendant's request to stay proceedings is DENIED. The parties shall file a joint status letter by January 5, 2024. The Clerk of Court is requested to terminate the motion at ECF No. 44. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 11/14/2023) (mml)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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11/14/2023

VICTOR’S CAFÉ 52ND STREET, INC., et al.,
22-CV-07223 (ALC)(SN)

Plaintiffs,

ORDER

-againstTHE TRAVELERS INDEMNITY COMPANY
OF AMERICA,
Defendant.
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SARAH NETBURN, United States Magistrate Judge:

The parties are unable to agree on an umpire to assist with the appraisal of Plaintiff’s loss
and accordingly request that the Court select one. Pursuant to New York Insurance Law § 3408,
the Defendant is ORDERED to submit, no later than November 20, 2023, an application for the
selection of an umpire to “a justice of the supreme court residing in the county or to a county
judge of the county in which the lost or damaged property is or was located.”
Because the issue of the value of the loss remains in dispute, the parties are ORDERED
to continue to exchange discovery. Defendant’s request to stay proceedings is DENIED. The
parties shall file a joint status letter by January 5, 2024.
The Clerk of Court is requested to terminate the motion at ECF No. 44.
SO ORDERED.

SARAH
ARAH NETBURN
NETBUR
U N
United
nited States Magistrate Judge
DATED:

November 14, 2023
New York, New York