Wilson v Metropolitan Transp. Auth.

Annotate this Case

Download PDF

Wilson v Metropolitan Transp. Auth. 2018 NY Slip Op 32728(U) October 25, 2018 Supreme Court, New York County Docket Number: 156643/2017 Judge: Lisa A. Sokoloff 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 10/25/2018 09:30 AM NYSCEF DOC. NO. 36 INDEX NO. 156643/2017 RECEIVED NYSCEF: 10/25/2018 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. LISA ANN SOKOLOFF PART IAS MOTION 21 EFM Justice --------------------------------------------------------------------------------X INDEX NO. 156643/2017 SHIRLEY WILSON, MOTION DATE 06/27/2018 Plaintiff, MOTION SEQ. NO. -vMETROPOLITAN TRANSPORTATION AUTHORITY, NEW YORK CITY TRANSIT AUTHORITY, MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY, INIABASI ETUK, ANDREA CALLENDER, CLEVELAND KELLEY 001 DECISION AND ORDER (Action #1) Defendant. ---------------------------------------------------------------------------------X 156643/2017 WILSON, SHIRLEY vs. METROPOLITAN TRANSPORTATION Motion No. 001 1 of 7 Page 1of7 [*FILED: 2] NEW YORK COUNTY CLERK 10/25/2018 09:30 AM NYSCEF DOC. NO. 36 INDEX NO. 156643/2017 RECEIVED NYSCEF: 10/25/2018 MILDRED BEAUVAIS, Plaintiff(s), Index No. 157378/2017 -against- (Action #2) CLEVELAND KELLEY, ANDREA CALLENDER, INIABASI ETUK, NEW YORK CITY TRANSIT AUTHORITY, THE METROPOLITAN TRANSPORTATION AUTHORITY Defendant(s). ----------------------------------------------------------------------------X DANELLA CLARK, Index No. 159486/2017 Plaintiff(s), (Action #3) -againstNEW YORK CITY TRANSIT AUTHORITY, INIABASI ETUK, ANDREA CALLENDER, CLEVELAND KELLEY Defendant(s). ----------------------------------------------------------------------------X CLEVELAND KELLEY, Index No. 15042112018 Plaintiff(s), (Action #4) -againstTHE NEW YORK CITY TRANSIT AUTHORITY, MABSTOA, METROPOLITAN TRANSIT AUTHORITY, THE MTA BUS COMPANY, INIABASI ETUK Defendant(s). ----------------------------------------------------------------------------x And SUPREME COURT STATE OF NEW YORK COUNTY OF BRONX Index. No. 29156/2017E JENEE WARING, Plaintiff(s), (Action #5) -againstNEW YORK CITY TRANSIT AUTHORITY, INIABASI M. ETUK, CLEVELAND G. KELLY and ANDREA D. CALLENDER, Defendant(s). 156643/2017 WILSON, SHIRLEY vs. METROPOLITAN TRANSPORTATION Motion No. 001 2 of 7 Page 2 of 7 [*FILED: 3] NEW YORK COUNTY CLERK 10/25/2018 09:30 AM NYSCEF DOC. NO. 36 INDEX NO. 156643/2017 RECEIVED NYSCEF: 10/25/2018 The following e-filed documents, listed by NYSCEF document number (Motion 001) 16, 17, 18, 19, 20, 21,22,23,24,25,26,27,28,29, 30, 31,32,33 CONSOLIDATE/JOIN FOR TRIAL were read on this motion to/for Upon the motion of Defendants New York City Transit Authority and Etuk to consolidate or join for trial and discovery the five actions arising out of the November 10, 2016, two vehicle accident between a 2014 Nissan Sedan owned by Defendant Andrea Callendar and operated by Defendant Cleveland Kelley and the 2010 Nova bus owned by Defendant New York City Transit Authority and operated by Defendant Iniabasi M. Etuk on East 125 1h Street near its intersection with Madison A venue, in Manhattan, and upon the foregoing documents, it is ORDERED that the motion to consolidate is granted to the extent that the action Jenee Waring vs. NYCTA, et al., Index No.29156/2017, pending in the Supreme Court, Bronx County, shall be consolidated in this Court with the actions of Shirley Wilson vs. MTA, et al. , Index No. 156643/2017; Mildrew Beauvais vs. Cleveland Kelley, et al., Index No. 157378/2017; and Danella Clark vs. NYCTA, et al., Index No. 159486/2017; all pending in New York County; and it is further ORDERED that the consolidation shall take place under New York County Index No. 156643/2017 and the consolidated action shall bear the following caption: Shirley Wilson, Mildrew Beauvais, Danella Clark and Jenee Waring, Plaintiffs, -againstMETROPOLITAN TRANSORTA TION AUTHORITY, NEW YORK CITY TRANSIT AUTHORITY, MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY, INIABASI M. ETUK, ANDREA D. CALLENDER and CLEVELAND G. KELLEY, 156643/2017 WILSON, SHIRLEY vs. METROPOLITAN TRANSPORTATION Motion No. 001 3 of 7 Page 3 of7 [*FILED: 4] NEW YORK COUNTY CLERK 10/25/2018 09:30 AM NYSCEF DOC. NO. 36 INDEX NO. 156643/2017 RECEIVED NYSCEF: 10/25/2018 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, Bronx 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, Bronx 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, Bronx County, shall transfer the documents on file under Index No. 29156/2017 to the Clerk of this Court for the purpose of consolidation; and it is further ORDERED that the Clerk of the Supreme Court, Bronx 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 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 ifthe case pending in this county is a hard-copy case or, if this case is an e-filed one, shall be made 156643/2017 WILSON, SHIRLEY vs. METROPOLITAN TRANSPORTATION Motion No. 001 4 of 7 Page 4 of 7 [*FILED: 5] NEW YORK COUNTY CLERK 10/25/2018 09:30 AM NYSCEF DOC. NO. 36 INDEX NO. 156643/2017 RECEIVED NYSCEF: 10/25/2018 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 this Court shall file the documents transferred from the Supreme Court, Bronx 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 the action of Cleveland G. Kelley vs. The New York City Transit Authority, MABSTOA, Metropolitan Transit Authority, The MTA Bus Company and Iniabasi M. Etuk, Index. 15042112018, hereby shall be and is joined for purposes of discovery and trial with the consolidated action of Wilson, Beauvais, Clark and Waring vs. MTA, NYCTA, et al., Index No. 156643/2017; and it is further 156643/2017 WILSON, SHIRLEY vs. METROPOLITAN TRANSPORTATION Motion No. 001 5 of 7 Page 5 of7 [*FILED: 6] NEW YORK COUNTY CLERK 10/25/2018 09:30 AM NYSCEF DOC. NO. 36 INDEX NO. 156643/2017 RECEIVED NYSCEF: 10/25/2018 ORDERED that upon receipt of this order with notice of entry the Clerk of the Court (60 Centre Street, Room 141 B), and the Clerk of the General Clerk's Office (60 Centre Street, Room 119), are directed to mark their records to reflect the joinder for purposes of discovery and trial in the court's records; and it is further ORDERED that counsel are directed to appear for a discovery conference in Part 21, Room 279, 80 Centre Street, New York, New York, on December 20, 2018, at 9:30 AM. 10/252018 / DATE CHECK ONE: ~Y,~9K CASE DISPOSED GRANTED APPLICATION: CHECK IF APPROPRIATE: 0 NO~~DIS~ DENIED SETTLE ORDER GRANTED IN PART ~· SUBMIT ORDER INCLUDES TRANSFER/REASSIGN 156643/2017 WILSON, SHIRLEY vs. METROPOLITAN TRANSPORTATION Motion No. 001 6 of 7 FF, J.S.C. FIDUCIARY APPOINTMENT 0 REFERENCE Page 6 of 7 [*FILED: 7] NEW YORK COUNTY CLERK 10/25/2018 09:30 AM NYSCEF DOC. NO. 36 INDEX NO. 156643/2017 RECEIVED NYSCEF: 10/25/2018 156643/2017 WILSON, SHIRLEY vs. METROPOLITAN TRANSPORTATION Motion No. 001 7 of 7 Page 7 of 7

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.