Stern et al v. Highland Lake Homeowners Association et al

Filing 100

MEMO ENDORSED ORDER terminating 94 Motion to Dismiss. ENDORSEMENT: The Court is in receipt of a motion seeking dismissal of: (1) claims asserted by Plaintiffs Israel Ostreicher, Avrohom Ostreicher, Esther Schwimmer, Joel Sabel, and Abraham Koh n (collectively, "Settling Plaintiffs") against Defendants Highland Lake Homeowners Association, Arthur Edwards, Inc., Archway Property Management, Inc., Carmine Mastrogiacomo, Christopher Perino, Alex Rubanovich, Nancy Diaz, and Ray Tor res (collectively, "Defendants"); and (2) all counterclaims asserted by Defendants against Settling Plaintiffs. (ECF No. 94.) The motion is supported by the Affirmation of Michael H. Sussman, in which he affirms, among other things, that (A) Settling Plaintiffs negotiated a satisfactory settlement agreement with Defendant Highland Lake Homeowners Association and accordingly seeks to voluntarily discontinue their claims; and (B) counsel for Defendants consents to dismissing Defendan ts' counterclaims against the Settling Plaintiffs. (ECF No. 95.) Mr. Sussman's representation that Defendants wish to voluntarily discontinue their counterclaims against Settling Plaintiffs is an insufficient record for this Court to dis miss counterclaims with prejudice. Instead, the Court instructs Defendants' counsel to write to this Court on, or before, April 30, 2021, to confirm whether Defendants consent to the voluntary dismissal of counterclaims against the Settling P laintiffs. In the event that the Settling Plaintiffs and Defendants agree to resolve claims by and against those parties, they are further instructed to submit a jointly signed and submitted stipulation of voluntary dismissal of the relevant claims. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 4/21/2021) (rj)

MEMORANDUM ENDORSEMENT
4/21/2021
Mendel Stern, et al., v. Highland Lake Estates Homeowners Association, et al., 18-Civ-4622
The Court is in receipt of a motion seeking dismissal of: (1) claims asserted by Plaintiffs Israel
Ostreicher, Avrohom Ostreicher, Esther Schwimmer, Joel Sabel, and Abraham Kohn (collectively,
“Settling Plaintiffs”) against Defendants Highland Lake Homeowners Association, Arthur
Edwards, Inc., Archway Property Management, Inc., Carmine Mastrogiacomo, Christopher
Perino, Alex Rubanovich, Nancy Diaz, and Ray Torres (collectively, “Defendants”); and (2) all
counterclaims asserted by Defendants against Settling Plaintiffs. (ECF No. 94.) The motion is
supported by the Affirmation of Michael H. Sussman, in which he affirms, among other things,
that (A) Settling Plaintiffs negotiated a satisfactory settlement agreement with Defendant Highland
Lake Homeowners Association and accordingly seeks to voluntarily discontinue their claims; and
(B) counsel for Defendants consents to dismissing Defendants’ counterclaims against the Settling
Plaintiffs. (ECF No. 95.)
Mr. Sussman’s representation that Defendants wish to voluntarily discontinue their counterclaims
against Settling Plaintiffs is an insufficient record for this Court to dismiss counterclaims with
prejudice. Instead, the Court instructs Defendants’ counsel to write to this Court on, or before,
April 30, 2021, to confirm whether Defendants consent to the voluntary dismissal of counterclaims
against the Settling Plaintiffs. In the event that the Settling Plaintiffs and Defendants agree to
resolve claims by and against those parties, they are further instructed to submit a jointly signed
and submitted stipulation of voluntary dismissal of the relevant claims.

Dated: April 21, 2021
White Plains, NY
SO ORDERED.

_____________________
Nelson S. Román, U.S.D.J.