N.Y. Federal Magistrate Recommends Dismissal of Sandy Coverage Action for Failure to Prosecute

NEW YORK — A New York federal magistrate judge has recommended dismissal of a Superstorm Sandy coverage action, noting that the plaintiffs have failed to properly serve the insurer with the complaint and failed to prosecute their case.

In a June 28 order, Magistrate Judge Arlene R. Lindsay of the U.S. District Court for the Eastern District of New York said that no sanction less than dismissal will alleviate any prejudice the insurer might suffer in keeping the case open.

Pro se plaintiffs Sally and Waiel Hassanein sued The Standard Fire Insurance Co., accusing it of failing to fully compensate …