Vayani v. 146 West 29th Street Owners Corporation

S.D. New York

Vayani v. 146 West 29th Street Owners Corporation

District Court, S.D. New York·Decided February 6, 2025·No. 1:24-cv-00196·Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ABDULKHALIQVAYANL Plaintiff, -against- 24 CIVIL 0196 (JGK) JUDGMENT 146 WEST 29TH STREET OWNERS CORP., ET AL., Defendant. □□□ eK It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated February 05, 2025, the defendants respective motions to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure are granted. Generally, leave to amend should be freely granted. See Foman v. Davis, 371 U.S. 178, 182 (1962). Leave to amend should be granted in the absence of evidence of undue delay, bad faith or dilatory motive on the part of the movant, undue prejudice to the opposing party, or futility. Monahan v. N.Y.C. Dep't of Corr., 214 F.3d 275, 283 (2d Cir. 2000). For the reasons explained in the opinion, any amendment would be futile and would cause undue prejudice to the defendants. The FAC is therefore dismissed with prejudice; accordingly, the case 1s closed. Dated: New York, New York February 6, 2025

TAMMI M. HELLWIG ClerkofCourt

BY:

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ABDULKHALIQVAYANL Plaintiff, -against- 24 CIVIL 0196 (JGK) JUDGMENT 146 WEST 29TH STREET OWNERS CORP., ET AL., Defendant. □□□ eK It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated February 05, 2025, the defendants respective motions to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure are granted. Generally, leave to amend should be freely granted. See Foman v. Davis, 371 U.S. 178, 182 (1962). Leave to amend should be granted in the absence of evidence of undue delay, bad faith or dilatory motive on the part of the movant, undue prejudice to the opposing party, or futility. Monahan v. N.Y.C. Dep't of Corr., 214 F.3d 275, 283 (2d Cir. 2000). For the reasons explained in the opinion, any amendment would be futile and would cause undue prejudice to the defendants. The FAC is therefore dismissed with prejudice; accordingly, the case 1s closed. Dated: New York, New York February 6, 2025

TAMMI M. HELLWIG ClerkofCourt

BY:

Vayani v. 146 West 29th Street Owners Corporation, (S.D.N.Y. 2025).

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