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Insurance | New York Southern
Stipulation and Order of Voluntary Dismissal ~Util - Add and Terminate Parties
STIPULATION OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record in the above-entitled action, that, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), the Declaratory Judgment Action is hereby voluntarily dismissed, without prejudice, only as to defendants GUSTAVO HERNANDEZ and PARSONS CONSTRUCTION, INC. IT IS FURTHER STIPULATED AND AGREED that ATLANTIC CASUALTY INSURANCE COMPANY (ACIC) has no duty to defend or indemnify Parsons Construction, Inc. in this action or any other action related to this action, including, but not limited to, the action pending in New York Supreme Court, Bronx County, titled Gustavo Hernandez v. 11 Park Place LLC, et al., Index No. 33373/2019E. IT IS FURTHER STIPULATED AND AGREED that Parsons Construction, Inc., is not entitled to additional insured status under Policy No. L146002217-0, effective February 23, 2019 to February 23, 2020, issued to LJ Installation Corp. by ACIC. IT IS FURTHER STIPULATED AND AGREED that this Stipulation may be executed in counterparts, that an electronic or facsimile signature on this Stipulation shall be deemed an original, and that this Stipulation may be filed without further notice with the Clerk of the Court So Ordered. The case is dismissed without prejudice as to Defendants Gustavo Hernandez and Parsons Construction, Inc. The Clerk of Court is respectfully directed terminate Defendants Gustavo Hernandez and Parsons Construction, Inc. Gustavo Hernandez and Parsons Construction Inc. terminated. (Signed by Judge Lorna G. Schofield on 9/23/2026) (rro)
Order
ORDER: Plaintiff's claim for a declaratory judgment is GRANTED as follows: Plaintiff Atlantic Casualty Insurance Company has no duty to defend and no duty to indemnify Defendant LJ Installation Corp. in the action in the Supreme Court of the State of New York, Bronx County, Gustavo Hernandez v. 11 Park Place LLC, et al., Index No. 33373/2019E, and Parsons Construction, Inc. v. LJ Installation Corp., the related third-party action therein. The Clerk of Court is respectfully directed to close the case. (Signed by Judge Lorna G. Schofield on 9/23/2026) (rro)
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