Wesco Ins. Co. v Coutinho

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Wesco Ins. Co. v Coutinho 2018 NY Slip Op 32021(U) August 20, 2018 Supreme Court, New York County Docket Number: 155487/2018 Judge: David B. Cohen 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: 1] NEW YORK COUNTY CLERK 08/20/2018 03:45 PM NYSCEF DOC. NO. 16 INDEX NO. 155487/2018 RECEIVED NYSCEF: 08/20/2018 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: PART HON. DAVID BENJAMIN COHEN Justice --------------------------------------------------------------------------------X WESCO INSURANCE COMPANY, IAS MOTION 58EFM INDEX NO. MOTION DATE 155487/2018 07/10/2018 Plaintiff, MOTION SEQ. NO. 001 -vADRIANO COUTINHO, FLEET-CAR LEASE, INC.,KALA LANE, EAN HOLDINGS, LLC,KERRY MATTE DECISION AND ORDER Defendant. ---------------------------------------------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 001) 6, 7, 8, 9, 10, 15 were read on this motion to/for CONSOLIDATE/JOIN FOR TRIAL Upon the foregoing documents, it is ORDERED that the motion is granted and this action, pending in the Supreme Court, New York County, shall be consolidated in in Supreme Court, Monroe County with Lane v. Coutinho and Fleet-Car Lease, Inc., Index No. E2017001056, Monroe County; and it is further ORDERED that the consolidation shall take place under Monroe County Index No. E2017001056 and the consolidated action shall bear the following caption: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE -------------------------------------------------------------------)( Kala Lane, Plaintiff, Action No. 1 Index No. E2017001056 -againstAdriano Coutinho and Fleet Car Lease, Inc., Defendants. -------------------------------------------------------------------)( SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE 155487/2018 WESCO INSURANCE COMPANY vs. COUTINHO, ADRIANO Motion No. 001 1 of 4 Page 1 of4 [*FILED: 2] NEW YORK COUNTY CLERK 08/20/2018 03:45 PM NYSCEF DOC. NO. 16 INDEX NO. 155487/2018 RECEIVED NYSCEF: 08/20/2018 -------------------------------------------------------------------)( Wesco Insurance Company, as subrogee of Northern Express, LLC, subrogor, Plaintiff, Action No. 2 -againstAdriano Coutinho, Fleet Car Lease, Inc., Kala Vernice Lane, EAN Holdings, LLC and Kerry R. Matte, 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, New York County, and shall pay the appropriate fee, if any, for such transfer 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, New York County shall be made in accordance with any applicable protocol or other procedures of said county; and it is further ORDERED that the Clerk of the Supreme Court, New York County, shall transfer the documents on file under Index No. 155487/2018 to the Clerk of the Court in the County of Monroe for the purpose of consolidation; and it is further ORDERED that the Clerk of this Court and the Clerk of the Supreme Court, County of Monroe, 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 155487/2018 WESCO INSURANCE COMPANY vs. COUTINHO, ADRIANO Motion No. 001 2 of 4 Page 2 of 4 [*FILED: 3] NEW YORK COUNTY CLERK 08/20/2018 03:45 PM NYSCEF DOC. NO. 16 INDEX NO. 155487/2018 RECEIVED NYSCEF: 08/20/2018 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), and the Clerk of the Court in Monroe County, who shall consolidate the documents in the actions hereby consolidated and shall mark its records to reflect the consolidation; and it is further ORDERED that such service upon the Clerks of the respective Courts shall be made in hard-copy format if the case pending in Monroe County is a hard-copy case or, if this case is an efiled 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 ORDERED that, as applicable and insofar as is practical, the Clerk of the Court in Monroe County shall file the documents transferred from this Court in the consolidated case file under the Monroe 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) and the Clerk of Monroe County, 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 respective Clerks of the General Clerk's Offices shall be made in hard-copy format if the case pending Monroe County is a hard-copy case or, if 155487/2018 WESCO INSURANCE COMPANY vs. COUTINHO, ADRIANO Motion No. 001 3 of 4 Page 3 of 4 [*FILED: 4] NEW YORK COUNTY CLERK 08/20/2018 03:45 PM NYSCEF DOC. NO. 16 INDEX NO. 155487/2018 RECEIVED NYSCEF: 08/20/2018 the case pending here is an e-filed one, shall be made in accordance with the procedures set forth in the aforesaid Protocol. 8/20/2018 DATE CHECK ONE: ,J.S.C. CASE DISPOSED GRANTED D NON-FINAL DISPOSITION DENIED GRANTED IN PART APPLICATION: SEITLEORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT D D OTHER REFERENCE HON. DAVID 8. COHEN J.8.C. 155487/2018 WESCO INSURANCE COMPANY vs. COUTINHO, ADRIANO Motion No. 001 4 of 4 Page 4 of 4

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