Burgos v GTL Constr., LLC.

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Burgos v GTL Constr., LLC. 2018 NY Slip Op 33156(U) December 7, 2018 Supreme Court, New York County Docket Number: 154328/2017 Judge: David Benjamin 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. [* 1] INDEX NO. 154328/2017 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 12/10/2018 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: PART HON. DAVID BENJAMIN COHEN IAS MOTION 58EFM Justice --------------------------------------------------------------------------------X ARMANDO BURGOS, INDEX NO. 154328/2017 MOTION DATE 08/15/2018 Plaintiff, MOTION SEQ. NO. 002 -vGTL CONSTRUCTION, LLC., ASHKENAZY ACQUISITION CORP., AAC CROSS COUNTY MALL, LLC., DECISION AND ORDER Defendant. ---------------------------------------------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 002) 41, 42, 43, 44 were read on this motion to/for CONSOLIDATE/JOIN FOR TRIAL Upon the foregoing documents: Plaintiff Armando Burgos moves, pursuant to CPLR 602, for an order consolidating the action at bar with Burgos v Benco Construction, Inc. (Benco Construction action), bearing Supreme Court, New York County, index no. 154571/2018, for all purposes. Consolidation for all purposes is granted without opposition in this action and in accordance with the decision and order of this date issued in the Benco Construction action. Accordingly, it is ORDERED that the motion to consolidate the action captioned Burgos v GTL Construction, LLC, et al. is granted and that action is consolidated in this court with the action captioned Burgos v Benco Construction Inc., bearing index no. 154571/2018, pending before this court; and it is further 1 of 4 [* 2] INDEX NO. 154328/2017 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 12/10/2018 ORDERED that the consolidation shall take place under index no. 154328/2017 and that the consolidated action shall bear the following caption: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------------)( ARMANDO BURGOS, Plaintiff, Index No. 154328/2017 -againstGTL CONSTRUCTION, LLC, ASHKENAZY ACQUISITION CORP., AAC CROSS COUNTY MALL, LLC, and BENCO CONSTRUCTION INC., Defendants. ------------------------------------------------------------------------)( GTL CONSTRUCTION LLC, Third-Party Plaintiff, -againstWESBUIL T CONSTRUCTION MANAGERS LLC and FORCE SERVICES, LLC, Third-Party Defendants. ------------------------------------------------------------------------)(; 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 154328/2017 BURGOS, ARMANDO vs. GTL CONSTRUCTION, LLC. Motion No. 002 2 of 4 Page 2 of 4 [* 3] INDEX NO. 154328/2017 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 12/10/2018 141B), 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 counsel for movant shall contact the staff of the Clerk of the Court to arrange for the effectuation of the consolidated hereby directed; and it is further ORDERED that service of this order upon the Clerk of the Court shall be made in hard-copy format, if this action is a hard-copy matter, or, if it is an e-filed case, 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, as applicable and insofar as is practical, the Clerk of the Court shall file the documents being consolidated in the consolidated case file under the index number of the consolidated action in the New York State Courts Electronic Filing System or make appropriate notations to such documents in the e-filing records of this court so as 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 on 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 this action is a hard-copy matter, or, if it an e-filed case, shall be made in accordance with the procedures set forth in the aforesaid Protocol; and it is further 154328/2017 BURGOS, ARMANDO vs. GTL CONSTRUCTION, LLC. Motion No. 002 3 of 4 Page 3 of4 [* 4] INDEX NO. 154328/2017 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 12/10/2018 ORDERED that counsel are directed to appear for a preliminary conference in Room 574, 111 Centre Street, New York, NY, on February 20, 2019, at 9:30 a.m. 12/7/2018 DATE CHECK ONE: CASE DISPOSED GRANTED D NON-FINAL DISPOSITION DENIED 8 GRANTED IN PART SUBMIT ORDER APPLICATION: SETTLE ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT D D OTHER REFERENCE HON. DAVID 8. COHEN J.S.C. 154328/2017 BURGOS, ARMANDO Motion No. 002 vs. GTL CONSTRUCTION, LLC. 4 of 4 Page 4 of 4