Advance Fresh Concepts Franchise Corp. v. Nayyarsons Deli Bakery Corp. et al
| Advance Fresh Concepts Franchise Corp. |
| Nayyarsons Corp., Nayyarsons Deli Bakery Corp. and Nayyarsons NYC Corp. |
| 2:2015cv02330 |
| April 23, 2015 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Gary R. Brown |
| Leonard D. Wexler |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Other Contract |
| None |
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Filing
175
ORDER ADOPTING REPORT AND RECOMMENDATIONS re [169, 170] : The Court adopts the August 30, 2019 Report and Recommendation of Judge Brown as if set forth herein. Accordingly, IT IS HEREBY ORDERED that (1) the settlement agreement between plaintiff and defendant Salil Nayyar (Salil) is hereby confirmed and the Court shall retain jurisdiction for the purpose of enforcing the settlement agreement; (2) plaintiffs motion for default judgment against against defendants Nayyarsons Deli Bakery Corp. (Del i Corp.), Nayyarsons NYC Corp. (NYC Corp.), and Nayyarsons Corp. is granted in the total amount of $499,245.04; and (3) the motion for a default judgment against defendant Salil Nayyar is denied. The Clerk of Court is directed to enter judgment against the Entity Defendants in the amount of $499,245.04, jointly and severally, together with post-judgment interest pursuant to 28 U.S.C. § 1961, and to close this case. Ordered by Judge Denis R. Hurley on 9/23/2019. (Gapinski, Michele)
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Filing
125
ORDER denying 82 Motion to Dismiss for Failure to State a Claim; denying 83 Motion to Dismiss for Failure to State a Claim. For the reasons stated herein, Defendants' motions to dismiss are denied. Defendants are free, however, to renew their arguments on motions for summary judgment upon the close of discovery. (Ordered by Judge Leonard D. Wexler on 9/19/2016.) (Fagan, Linda)
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