SUMMARY ORDER

The parties having agreed at oral argument that the ease is now moot in light of Executive Plaza, LLC v. Peerless Insurance Co., — N.Y.2d -, 982 N.Y.S.2d 826, 5 N.E.3d 989, 2014 WL 551251, 2014 N.Y. Slip Op. 00898 (Feb. 13, 2014), the district court’s judgment of dismissal without prejudice is AFFIRMED.