UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549

FORM 8-K
CURRENT REPORT

Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported: March 3, 2005): March 3, 2005

NEW YORK & COMPANY, INC.
(Exact name of registrant as specified in its charter)

 

DELAWARE
(State or other jurisdiction of incorporation)

 

1-32315
(Commission File Number)

 

33-1031445
(IRS Employer Identification No.)

 

450 West 33rd Street
5th Floor
New York, New York 10001
(Address of Principal executive offices, including  Zip Code)

(212) 884-2000
(Registrant’s telephone number, including area code)

Not Applicable
(Former name or former address, if changed since last report)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

o  Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o  Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o  Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

o  Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 


 

Item 2.02  Results of Operations and Financial Condition

                On March 3, 2005 we issued a press release announcing our February 2005 sales results and confirming our fourth quarter and full fiscal 2004 guidance.

The press release is attached hereto as Exhibit 99.1 and is incorporated herein by reference.

 

Item 7.01  Regulation FD Disclosure

        On March 3, 2005 we issued a press release announcing among other things, our Febuary 2005 sales results.  The press release is attached hereto as Exhibit 99.1 and is incorporated herein by reference.

 

Item 9.01  Financial Statements and Exhibits.

        The information furnished under Items 2.02 and 7.01 of this Current Report on Form 8-K, including Exhibit 99.1, shall be deemed to be “filed” for purposes of the Securities Exchange Act of 1934, as amended, and incorporated by reference in any of our filings under the Securities Act of 1933, as amended, as may be specified in such filing.

(c)  Exhibits

Exhibit No.

 

Description

99.1

 

Press release issued on March 3, 2005

 

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SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

 

 

 

 

 

 

NEW YORK & COMPANY, INC.

 

 

 

 

 

 

 

/s/ Ronald W. Ristau

Date: March 3, 2005

 

Name:

Ronald W. Ristau

 

 

Title:

Chief Operating Officer and

 

 

 

Chief Financial Officer

 

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EXHIBIT INDEX

 

Exhibit No.

 

Description

99.1

 

Press release issued March 3, 2005

 

 

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