Hartford Ins. Co. of the Midwest v 84-86 White St. LLC

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Hartford Ins. Co. of the Midwest v 84-86 White St. LLC 2018 NY Slip Op 30535(U) March 26, 2018 Supreme Court, New York County Docket Number: 156054/13 Judge: Debra A. James Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. [* [FILED: NEW YORK COUNTY CLERK 03 /30/2018 10: 21 AM] 1] INDEX NO. 156054/2013 NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 03/30/2018 SUPREME COURT OF THE STATE OF NEW YORK - NEW YORK COUNTY PRESENT: PART 69 DEBRA A. JAMES Justice HARTFORD INSURANCE COMPANY OF THE MIDWEST Index No.: a/s/o General Tools & Instruments Co., LLC, 156054/13 Motion Date: _1.................. . ,./1. . .,5__ 1123. Plaintiff, -v- Motion Seq. No.:_............_ _ 02 Motion Cal. No.: _ _ __ 84-86 WHITE STREET LLC, ONE KEY LLC, PRECISE CONSTRUCTION CONTRACTING, INC., PILLORI ASSOCIATES, P.A., Defendants. PRECISE CONSTRUCTION CONTRACTING, INC. and 84-86 WHITE STREET LLC,· Third-Party Plaintiffs, -vPILLORI ASSOCIATES, P.A., MANUEL GLAS, individually, MANUEL GLAS, AIA, and MANUEL GLAS AR(;HITECTS, Third-Party Defendants. The following papers, numbered 1 to 1 were read on this motion to consolidate. PAPERS NUMBERED Notice of Motion/Order to Show Cause -Affidavits -Exhibits 1 Answering Affidavits - Exhibits Replying Affidavits - Exhibits Cross-Motion: D Yes 181 No Upon the foregoing papers, w ~ ~ z ORDERED that the Order of May 6, 2016 resolving motion sequence 002 in this action is VACATED, RESETTLED AND CORRECTED 6 0 :I Check One: B FINAL DISPOSITION Check if appropriate: D DO NOT POST I.· "" - 1 of 4 D NON-FINAL DISPOSITION D REFERENCE [*[FILED: NEW YORK COUNTY CLERK 03/30/2018 10:21 2] A~ INDEX NO. 156054/2013 NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 03/30/2018 AS PURSUANT TO CPLR 5019 [ see Kiker v Nassau County, 85 NY2d 879 (1995)]. Third-Party defendants MANUEL GLAS, individually, MANUEL GLAS, AIA, and MANUEL GLAS ARCHITECTS move to consolidate this action with the action Great Northern Insurance Company a/s/o Martin Weinstein and Theresa Liszka v. One Key, LLC, Precise Construction Contracting, Inc. and 84-86 White Street, et. al., (Sup Ct, New York County, Index No. 159639/2014) pursuant to CPLR §602(a) on the grounds that the cases have common questions of law and fact. There is no opposition to the motion. Accordingly, it is ORDERED that the motion is GRANTED without opposition and the above-captioned action is consolidated in this Court with the related case Great Northern Insurance Company a/s/o Martin Weinstein and Theresa Liszka v. One Key, LLC, Precise Construction Contracting, Inc. and 84-86 White Street, et. al., (Sup Ct, New York County, Index No. 159639/2014), under Index No. 156054/2013, and the consolidated action shall bear the following caption: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK HARTFORD INSURANCE COMPANY OF THE MIDWEST a/s/o General Tools & Instruments Co., LLC, and Great Northern Insurance Company a/s/o Martin Weinstein and Theresa Liszka Plaintiff, -2- 2 of 4 [* [FILED: NEW YORK COUNTY CLERK 03/30/2018 10:21 A~ 3] INDEX NO. 156054/2013 NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 03/30/2018 Index No.: 156054/2013 - v 84-86 WHITE STREET LLC, ONE KEY LLC, PRECISE CONSTRUCTION CONTRACTING, INC., PILLORI ASSOCIATES, P.A., Defendants. PRECISE CONSTRUCTION CONTRACTING, INC., Third-Party Plaintiff, - v - PILLORI ASSOCIATES, P.A. and MANUEL GLAS, individually, MANUEL GLAS, AIA, and MANUEL GLAS ARCHITECTS Third-Party Defendant. 84-86 WHITE STREET LLC, Third-Party Plaintiff, - v PILLORI ASSOCIATES, P.A. Third-Party Defendant. And it is further ORDERED that the pleadings in the actions hereby consolidated shall stand as the pleadings in the consolidated action; and it is further ORDERED that the movant is directed to serve a copy of this order with notice of entry on the County Clerk (Room 141 B), who shall consolidate the papers in the actions hereby consolidated and shall mark the records to reflect the consolidation, and it is further -3- 3 of 4 [*[FILED: NEW YORK COUNTY CLERK 03 /30/2018 10: 21 AM] 4] INDEX NO. 156054/2013 NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 03/30/2018 ORDERED that the movant is directed to serve a copy of this order with notice of entry upon the Clerk of the General Clerk's Office (Room 119), who is hereby directed to mark the court's records to reflect the consolidation; and it is further ORDERED that the parties are directed to appear for a status conference before this court on May 8, 2018, at 10:00 a.m. in Part 59, Room 331, 60 Centre Street, New York, New York 10007. This is the decision and order of the court. Dated: ·MAR 2 6 2018 ENTER: - ""ItJAMES J.s.c. DEBFtA : ~ ~-· L &4 > -4- 4 of 4

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