Ros v Allen

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Ros v Allen 2015 NY Slip Op 31119(U) July 1, 2015 Supreme Court, New York County Docket Number: 153560/2013 Judge: James A. Debra Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various state and local government websites. These include the New York State Unified Court System's E-Courts Service, and the Bronx County Clerk's office. This opinion is uncorrected and not selected for official publication. [*FILED: NEW YORK COUNTY CLERK 07/01/2015 03:22 PM 1] NYSCEF DOC. NO. 46 INDEX NO. 153560/2013 RECEIVED NYSCEF: 07/01/2015 SUPREME COURT OF THE STATE OF NEW YORK - NEW YORK COUNTY PRESENT: PART 59 DEBRA A. JAMES Justice BERNARD ROS and 110 MADISON CATERING, INC. d/b/a MELI MELO, Plaintiffs, Index No.: 153560/13 Motion Date: 04/23/15 Motion Seq. No.:. _ _,0=2=----- -vROBERT ALLEN, ANDREW POMERANCE, STEPHEN MOCK ASSSOCIATES INC., and JLNY GROUP LLC d/b/a JERSEY LINK LLC, Motion Cal. No.: _ _ _ __ Defendants. The following papers, numbered 1 to 1 were read on this motion to consolidate. PAPERS NUMBERED ;;; z 0 1 Notice of Motion/Order to Show Cause -Affidavits -Exhibits Answering Affidavits - Exhibits Replying Affidavits - Exhibits w ct CJ "' _w Cross-Motion: ::> z .., - Upon the foregoing papers, .... a:: "' (!) D Yes IHI No 0 3: Plaintiffs BERNARD ROS and 110 MADISON CATERING, c a:: 0 MELI MELO moves to consolidate this action with the action t-o ..J w ..J INC. d/b/a 0:: u. WW u. :::c Wtet:: a:: >- 0 Bernard Ros and 110 Madison Catering, Inc. d/b/a MELI MELO ::> JENNY EXHAUST SYSTEM SERVICES INC., and LUND FIRE PRODUCTS, Sup w Ct, New York County, Index No. 153980/2013 pursuant to CPLR §602 w "' 0:: on the grounds that the cases have common questions of law and ::j LI. .... (.) D. ~ w "' < ~ z RESTAURANT v JENNY SERVICES, INC., JENNY EXHAUST SYSTEMS, INC., u.. fact. Both actions arise out of the same circumstances and involve common questions of law and fact. The motion is 0 j:: 0 :i Check One: D FINAL DISPOSITION Check if appropriate: D DO NOT POST IHI NON-FINAL DISPOSITION D REFERENCE [* 2] unopposed. Accordingly, it is ORDERED that the motion is GRA~TED and the above-captioned action is consolidated in this Court with Bernard Ros and 110 Madison Catering, Inc. d/b/a MELI MELO RESTAURANT v JENNY SERVICES, INC., JENNY EXHAUST SYSTEMS, INC., JENNY EXHAUST SYSTEM SERVICES INC., and LUND FIRE PRODUCTS, Sup Ct, New York County, Index No. 153980/2013 and the consolidated action shall bear the following caption: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK BERNARD ROS and 110 MADISON CATERING, INC. d/b/a MELI MELO, Plaintiff, - v - Index No.: 153560/2013 Action #1 ROBERT ALLEN, ANDREW POMERANCE, STEPHEN MOCK ASSSOCIATES INC., and JLNY GROUP LLC d/b/a JERSEY LINK LLC, JENNY SERVICES, INC, JENNY EXHAUST SYSTEMS, INC., JENNY EXHAUST SYSTEM SERVICES INC., and LUND FIRE PRODUCTS, Defendants. ·' -2- [* 3] SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Tower National Insurance Company As Subrogee of 110 MADISON CATERING d/b/a MELI-MELO RESTAURANT, ( Plaintiff, - v - Action #2 JENNY SERVICES, INC, JENNY EXHAUST SYSTEMS, INC., JENNY EXHAUST SYSTEM SERVICES INC., JENNY FIRE PREVENTION INC., LUND FIRE PRODUCTS, CO., INC., MARYANN DEROSE DBA JENNY EXHAUST SYSTEMS, INC. Defendants. And it is further ORDERED that the pleadings in, the actions hereby consolidated shall stand as the pf~adings in the consolidated action; and it is further ORDERED that the plaintiffs in this action are directed to serve a copy of this order with nqtice of entry on the County Clerk (Room 1418), who shall consolidate. the papers in the actions hereby consolidated and shall mark his records to reflect the consolidation; and it is further ORDERED that the plaintiffs are directed to serve a copy of this order with notice ·of entry upon the General Clerk's Office (60 Centre Street, Room 148), which is hereby directed to mark -3- [* 4] the court's records to reflect the consolidation; and it is further ORDERED that plaintiffs' time to file a note of issue is hereby extended until March 31, 2016; and it is further ORDERED that the parties shaYl appear for a status conference on July 28, 2015 in Part 59, Room 103, 71.Thomas I Street at 10:00 am. This is the decision and order of the court. Dated: JUL 01 Z015 ENTER: .DElllAAo.JMIE$ . . ~.9.C 'I -4- J.s.c.

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