Allen v New York City Tr. Auth.

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Allen v New York City Tr. Auth. 2018 NY Slip Op 31069(U) May 31, 2018 Supreme Court, New York County Docket Number: 150116/2015 Judge: Kathryn E. Freed 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. [* 1] INDEX NO. 150116/2015 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 06/04/2018 SUPREME COURT .OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. KATHRYNE. FREED PART IAS MOTION 2 INDEX NO. 150116/2015 Justice ---------------------------------------------------------------------------X ANGELIN ALLEN, Plaintiff, MOTION SEQ. NO. 002 -vNEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY, GVC II, INC., CORP TRANS GROUP (CTG), UG IMPERIAL INC. DECISION AND ORDER Defendant. ---------------------------------------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 002) 42, 43, 44, 45, 46, 47 were read on this motion to/for CONSOLIDATE/JOIN FOR TRIAL Plaintiff moves, without opposition, to consolidate this action with the one entitled Allen v Allstate Private Car & Limousine, Inc., in Supreme Court, Kings County, bearing index No. 522800/20 I 6. The papers indicate that the cases have common issues of law and fact, and that consolidation would serve the interests of justice and judicial economy. (See DLJ Mtge. Capital, Inc. v Kontogiannis, I IO AD3d 522 [Ist Dept 2013]; Murphy v 317-319 Second Realty LLC, 95 AD3d 443 [I st Dept 2012].) Accordingly, it is hereby ORDERED that the motion is granted; and it is further ORDERED that the action entitled Allen v Allstate Private Car & Limousine, Inc., in Supreme Court, Kings County, bearing index No. 522800/2016, is consolidated for all purposes 1 of 4 150116/2015 ALLEN, ANGELIN vs. NEW YORK CITY TRANSIT Page 1 of4 [* 2] INDEX NO. 150116/2015 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 06/04/2018 in this Court, with the above-captioned action, and the pleadings in each action shall stand as the pleadings in the consolidated action; and it is further ORDERED that the consolidated a~tion shall bear the following caption: ___________________________________________________ : ____________________ )( ANGELIN ALLEN, Plaintiff, -againstNEW YORK CITY TRANSIT AUTHORITY, METRO POLIT AN TRANSPORTATIOMAUTHORITY, GVC II, INC., CORP TRANS GROUP (C.TG), UG IMPERIAL, INC., ALLSTATE PRIVATE CAR & LIMOUSINE, INC., and HUSAN MAMAJONOV, Defendants. ___________________________________________________ : ____________________ )( and it is further ORDERED that, within 30 days from entry of this order, counsel for the movant shall serve a certified copy of this order upon the Clerk of the Supreme Court, Kings County, and shall pay the appropriate fee, if any, for such transfe'r and shall contact the staff of said Clerk to arrange for the effectuation of the transfer in an efficient manner; and it is further ORDERED that service upon the Clerk of the Supreme Court, Kings County shall be made in accordance with any applicable protocof or other procedures of said county; and it is further 150116/2015 ALLEN, ANGELIN vs. NEW YORK CITY TRANSIT Motion No. 002 2 of 4 Page 2 of4 [* 3] INDEX NO. 150116/2015 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 06/04/2018 ORDERED that the Clerk of the Supreme Court, Kings County, shall transfer the documents on file under Index No. 522800/2016 to the Clerk of this Court for the purpose of consolidation; and it is further ORDERED that the Clerk of the Supreme Court, Kings County and the Clerk of this court shall coordinate the transfer of the documents being transferred so as to ensure an efficient transfer and to minimize insofar as practical the reproduction of such documents, including with regard to any documents that may be in digital format; 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, within 30 days from entry of this order, movant shall serve a copy of this order with notice of entry on the Clerk of the Court (60 Centre Street, Room 141 B), who shall consolidate the documents in the actions hereby consolidated and shall mark his or her records to reflect the consolidation; and it is further ORDERED that such service upon the Clerk of the Court shall be made in hard-copy format if the case pending in this county is a hard-copy case or, if this case is an e-filed one, shall be made in accordance with the procedures set forth in the Protocol on Courthouse and County Clerk Procedures for Electronically Filed Cases (accessible at the "E-Filing" page on this court's website at the address www.nycourts.gov/supctmanh); and it is further 150116/2015 ALLEN, ANGELIN vs. NEW YORK CITY TRANSIT Motion No. 002 3 of 4 Page 3 of4 [* 4] INDEX NO. 150116/2015 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 06/04/2018 ORDERED that, as applicable and insofar as is practical, the Clerk of this Court shall file the documents transferred from the Supreme Court, Kings County in the consolidated case file under the New York County Index Number of the consolidated action in the New York State Courts Electronic Filing System or make appropriate notations of such documents in thee-filing records of the court so as to ensure access to the documents in the consolidated action; and it is further ORDERED that, within 30 days from entry of this order, movant shall serve a copy of this order with notice of entry upon the Clerk of the General Clerk's Office (60 Centre Street, Room 119), who is hereby directed to reflect the consolidation by appropriately marking the court's records; and it is further ORDERED that such service upon the Clerk of the General Clerk's Office shall be made in hard-copy format if the case pending in,this county is a hard-copy case or, if the case pending here is an e-filed one, shall be made in accordance with the procedures set forth in the aforesaid Protocol; and it is further ORDERED that counsel are direct~d to appear for a status conference in Room 280, 80 Centre Street, New York, New York, on July 31, 2018 at 2:15 p.m. ~~ 5/31/2018 DATE YNE. FREED, J.S.C. CHECK ONE: CASE DISPOSED APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT GRANTED , D NON-FINAL DISPOSITION DENIED 150116/2015 ALLEN, ANGELIN vs. NEW YORK CITY TRANSIT Motion No. 002 4 of 4 GRANTED IN PART D REFERENCE Page 4 of4

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