Anzalone v Casanova

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Anzalone v Casanova 2018 NY Slip Op 32130(U) August 29, 2018 Supreme Court, New York County Docket Number: 156410/2017 Judge: Adam Silvera 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 08/30/2018 12:42 PM NYSCEF DOC. NO. 25 INDEX NO. 156410/2017 RECEIVED NYSCEF: 08/30/2018 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: PART HON. ADAM SILVERA IAS MOTION 22 Justice --------------------------------------------------------------------------------X CHRISTOPHER ANZALONE, INDEX NO. MOTION DATE 156410/2017 08/27/2018 Plaintiff, MOTION SEQ. NO. 001 -vRADAME CASANOVA, DECISION AND ORDER Defendant. ---------------------------------------------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 001) 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19,20,21,22,23,24 CO~JSOLIDATE/JOIN FOR TRIAL were read on this motion to/for Upon the foregoing documents, it is ordered that this motion for consolidation, by defendant Radame Casanova is granted. Defendant moves to consolidate this personal injury action with two other cases (a personal injury action by another plaintiff - Aurasely Alvarado v Christopher Anzalone and Radame Casanova, index no. 157875/17, and a case for property damages currently pending in the Civil Court, New York County - Drive New Jersey Insurance Company as subrogee of Christopher Anzalone v Radame Casanova, index no. 03276/18), arguing that the three cases arise out of the same accident md have common parties. CPLR §602(a) states that "[w]hen actions involving a common question oflaw or fact are pending before a court, the court, upon motion ... may order the actions consolidated". Plaintiff Drive New Jersey Insurance Company in the Civil Court action filed opposition papers partially opposing defendant's motion to consolidate. The only opposition raised was to a full consolidation of all three cases. There is, however, no opposition to consolidation of the actions for joint discovery and trial. 156410/2017 ANZALONE, CHRISTOPHER S. vs. CASANOVA, RADAME Motion No. 001 1 of 4 Page 1of4 [*FILED: 2] NEW YORK COUNTY CLERK 08/30/2018 12:42 PM NYSCEF DOC. NO. 25 INDEX NO. 156410/2017 RECEIVED NYSCEF: 08/30/2018 It is undisputed that the actions arise out of the same motor vehicle accident and involve many of the same parties. Thus, defendant's motion to consolidate is granted to the extent that these actions are joined for discovery and trial. Each action shall maintain separate pleadings, captions, and index numbers, with separate certificates of readiness and notes of issue. Accordingly, it is ORDERED that the motion is granted and the above-captioned action is consolidated in this Court with Aurasely Alvarado v Christopher Anzalone and Radame Casanova, Index No. 157875/17, pending in this Court; and it is further ORDERED that it appearing to this court that the Civil Court of the City of New York, County of New York, does not have jurisdiction to grant the full relief to which the parties are entitled in the case of Drive New Jersey Insurance Company as subrogee of Christopher Anzalone, index no. 03276/18, pending in that court, the motion of defendant herein to remove said action to this court pursuant to CPLR 325(b) and to consolidate that action with this one is granted; and it is further ORDERED that, within 30 days from entry of this order, counsel for movant shall serve a certified copy of this order upon the Clerk of the Civil Court, New York County and shall contact the Clerk to arrange for the effectuation of this transfer in an efficient manner; and it is further ORDERED that the Clerk of the Civil Court, New York County shall, upon such service and the payment of the appropriate fee, if any, transfer to this court all of the papers heretofore filed in said action in that Court; and it is further ORDERED that said Civil Court action shall be consolidated with this action as indicated above, and the County Clerk to issue a separate index number to the Civil Court action, upon 156410/2017 ANZALONE, CHRISTOPHER S. vs. CASANOVA, RADAME Motion No. 001 2 of 4 Page 2 of 4 [*FILED: 3] NEW YORK COUNTY CLERK 08/30/2018 12:42 PM NYSCEF DOC. NO. 25 INDEX NO. 156410/2017 RECEIVED NYSCEF: 08/30/2018 service and the payment of any fees; and it is further ORDERED that the caption of the consolidated action shall be the following: CHRISTOPHER ANZALONE, Plaintiff, -against- Action No. 1 Index No. 156410/17 RADAME CASANOVA, Defendant. AURASEL Y ALVARADO, Plaintiff, -againstCHRISTPHER ANZALONE and RADAME CASANOVA, Defendants. DRIVE NEW JERSEY INSURANCE COMPANY AS SUBROGEE OF CHRISTOPHER ANZALONE, Plaintiff, -against- Action No. 2 Index No. 157875/17 Action No. 3 Index No. RADAME CASANOVA, Defendant. and it is further ORDERED that the Clerk of this Court shall consolidate the documents transferred under the index number of the consolidated action; 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 Clerk of the Civil Court 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 documents, including with regard to documents in digital format; and it is further 156410/2017 ANZALONE, CHRISTOPHER S. vs. CASANOVA, RADAME Motion No. 001 3 of 4 Page 3 of4 [*FILED: 4] NEW YORK COUNTY CLERK 08/30/2018 12:42 PM NYSCEF DOC. NO. 25 INDEX NO. 156410/2017 RECEIVED NYSCEF: 08/30/2018 ORDERED that, as applicable and insofar as practical, the Clerk of this Court shall file the documents transferred from the Civil Court in the consolidated case file under the New York County Index Number thereof in the New York State Courts Electronic Filing System or make appropriate notations with regard to said 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, counsel for movant shall serve a copy of this order with notice of entry upon the Clerk of this Court (60 Centre Street, Room 141B) and the Clerk of the General Clerk's Office (60 Centre Street, Room 119), who shall mark their records to reflect this consolidation; and it is further ORDERED that such service upon the Clerk of this Court and the Clerk of the General Clerk's Office 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 the court's website at the address www.nycourts.gov/supctmanh); and it is further ORDERED that discovery in this action is to proceed expeditiously; and it is further ORDERED that all counsel are directed to appear for a previously scheduled compliance conference on October 24, 2018 at 9:30am, in room 103of80 Centre Street, New York, NY. This constitutes the DecisiorJOrder of the Court. 8/29/2018 DATE CHECK ONE: ADAM SILVERA, J.S.C. CASE DISPOSED GRANTED D NON-FINAL DISPOSITION DENIED GRANTED IN PART APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT 156410/2017 ANZALONE, CHRISTOPHER S. vs. CASANOVA, RADAME Motion No. 001 4 of 4 D D OTHER REFERENCE Page4 of4

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