Saravia v Jahoda

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Saravia v Jahoda 2018 NY Slip Op 34359(U) August 28, 2018 Supreme Court, Suffolk County Docket Number: Index No. 608209/2016E Judge: William B. Rebolini 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. INDEX NO. 608209/2016 FILED: SUFFOLK COUNTY CLERK 08/30/2018 02:52 PM NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 08/30/2018 Short Form Order Order SUPREME COURT STATE NEW YORK SUPREME COURT - ST ATE OF NEW YORK J.A.S. LA.S. PART PART 7 - SUFFOLK SUFFOLK COUNTY COUNTY PRESENT: PRESENT: WILLIAM B. REBOLINI REBOLINI WILLIAM Justice Justice Redani Redani Saravia, Saravia, Action NO.1 No.I Action Plaintiff~ Plaintiff, Index No.: No.: 608209/2016E Index 608209/2016E -against-againstRobert J. Jahoda, Robert Jahoda, Defendant. Defendant. Motion No.: 003; MG Motion Sequence Sequence No.: Motion Date: Date: 8/21 I 18 Motion 8/21/18 Submitted: 8/22/18 Submitted: 8/22/18 Robert J. Robert 1. Jahoda, Jahoda, . Third-Pat1y Plaintiff, Third-Party Plaintiff, Attorneys [See Rider Rider Annexed] Annexed] Attorneys -against-againstN011h Fork Insulation, Inc., North Fork Drywall Drywall & Insulation, Third-Party Defendant. Third-Party Defendant. Redani Saravia, . Redani Saravia, Action NO.2 No. 2 Action Plaintiff, Plaintiff, Index No.: No.: 623093/2017E Index 623093/2017E -against-againstAnthony Specia Construction Construction Inc. and Anthony Specia Insulation, Inc., North Fork North Fork Drywall Drywall & Insulation, Defendants. Defendants. , Upon the E-file E-file document document list list numbered numbered 52 to 64 read read on this this application application by defendant defendant Upon Robert J. Jahoda Jahoda for an order order pursuant CPLR 602 consolidating consolidating Action Action NO.1 under index index number number Robert pursuant to CPLR No. 1 under 608209/2016 and Action Action NO.2 under index index number number 623093/2017 623093/2017 for joint trial an4joint an4joint discovery discovery No. 2 under joint trial 608209/2016 granted, without without opposition; opposition; and and it is further further is granted, [* 1] 1 of 4 // FILED: SUFFOLK COUNTY CLERK 08/30/2018 02:52 PM NYSCEF DOC. NO. 66 INDEX NO. 608209/2016 RECEIVED NYSCEF: 08/30/2018 al. Saravia Jahoda, et aI. Saravia v. Jahoda, 6 608209/201 Index No.: 608209/2016 Index No.: Page Page 2 No. Action No. of Action discovery of joint discovery and joint trial and a joint trial ORDERED application for ajoint defendant's application the defendant's that the ORDERED that is 623093/201 Number Index bearing 2 No. bearing Index Number 623093/20177 is Action No.2 608209/2016 and Action Number 608209/2016 Index Number bearing Index 11 bearing further granted, opposition; and it is further without opposition; granted, without and caption and separate caption retain a separate shall retain discovery shall ORDERED trial and discovery action joined for trial each actionjoined that each ORDERED that of filing the with attendant costs those costs attendant with separate court court costs costs shall shall be paid each action, action, including including those filing of paid in each separate further and it is further Notes Issue; and of Issue; Notes of caption single caption bear a single shall bear action shall joined action ORDERED each joined interposed in each motions interposed that all motions ORDERED that upon motions shall however, all motions made; however, reflecting said motion shall be served served upon motion is made; which said action in which reflecting the action further and it is further action; and joined action; each joined counsel appearing in each parties appearing counsel for all parties Wednesda y on Wednesday held on shall be held action shall ORDERED each joined action conference in eachjoined compliance conference that a compliance ORDERED that NY 11901. Riverhead, NY Court Street, December Street, Riverhead, 11901. located at One Court Part 7, located a.m., Part 9:30 a.m., at 9:30 2018 at December 5, 2018 appear. to directed are action joined action Counsel directed appear. each joined parties in each respective parties Counsel for the respective of question of common question involving a common actions involving New "[w]hen actions that "[w]hen provides that 602(a) provides CPLR §S 602(a) York CPLR New York all or of trial joint order may motion, law or fact are pending before a court, the court, upon motion, may order a joint trial of any or all upon court, pending before court, law or orders other orders make such may make of the issue, may order the actions actions consolidate consolidated,d, and and may such other may order matters in issue, the matters of to motion to A motion delay." A costs or delay." unnecessary costs avoid unnecessary concerning tend to avoid may tend therein as may proceedings therein concerning proceedings court trial of discretion sound the rests consolidate or for ajoint trial pursuant to CPLR 602 (a) rests in the sound discretion of the trial court a joint trial pursuant CPLR consolidate Consolidation Dept. 1999]). 4 73 [2d Dept. NYS2d 473 (Mattia 1999]). Consolidation 527, 686 NYS2d AD2d 527,686 259 AD2d Inc., 259 Emporium, Inc., Food Emporium, (Mattia v. Food economy" judicial economy" justice and judicial of justice interests of or "favored by the courts courts in serving serving the interests trials are "favored joint trials or joint also see also 1994]; Dept., [2nd N.Y.S.2d (Flaherty v. RCP Assoc., 208 A.D.2d 496, 498, 616 N.Y.S.2d 801 [2nd Dept., 1994]; see 498, 496, A.D.2d (Flaherty RCP Assoc., 208 Mideal [1981]; 104 N.E.2d 585,429 N.Y.S.2d 585, 429 N.E.2d Shanley Callanan Indus., 52,57,444 [1981]; Mideal 57,444 N.Y.S.2d N.Y.2d 52, Indus., 54 N.Y.2d Shanley v. Callanan The Dept. 1982]). [2nd Dept. 394 [2nd N.Y.S.2d 394 789,455 Homes Work, 90 A.D.2d 455 N.Y.S.2d 1982]). The A.D.2d 789, Concrete Work, & C Concrete Homes Corp. v. LL & 2018 22, 2018 August 22, dated August stipulated dated executed a stipulated have executed Court parties have attorneys for the parties the attorneys that the notes that Court notes actions. these actions. of these consenting to a consolidation consolidation of consenting allegedly injuries allegedly personal injuries damages for personal Here, actions seek seek to recover recover damages negligence actions two negligence these two Here, these on occurred allegedly that height a from fall sustained Saravia as result from height that allegedly occurred on of a result of Redani Saravia plaintiff Redani sustained by the plaintiff Harbor, Sag Avenue, Beach Avenue, located at 6 Beach premises located June approximately 12:00 p.m. at the premises Harbor, tely 12:00 4, 2015 at approxima June 4,2015 fact and oflaw questions common and incident New York. Being that both actions involve the same incident and common questions oflaw and fact same involve actions both that New Yark. Being on consolidati a than rather trial joint a However, exist, ajoint trial and joint discovery is warranted. However, ajoint trial rather than consolidation warranted. joint discovery exist, a joint trial alleged has action second the in defendants the second action of alleged of the defendants one of inasmuch as one appropriate, inasmuch actions is appropriate, the actions of the 431, Misc.2d 160 Sara, Inc. Blau, Vojtech laches and the statute of limitations as defenses Vojtech Blau, Inc. v. Sara, Misc.2d 431, (see defenses limitations of statute the laches of New Group o/New tion Group Parsons Transporta 609 1994]; see Whiteman v. Parsons Transportation also Whiteman see also NYS2d 515 [NY Cty. 1994]; 609 NYS2d rvices,Inc. UltimateSe v. rds Mas-Edwa 2010]; Mas-Edwardsv. York,lnc., 72AD3d677, NYS2d 87 [2dDept. [2dDept. 2010]; UltimateServices,Inc., , 900NYS2d 72 AD3d677, 900 York,Inc., 605, AD3d 605, Inc., 33 AD3d Corp. v. WDF, Perini Corp. 45 WDF, Inc., citing Perini 2007] citing Dept. 2007] 414 [2d Dept. NYS2d 414 540, 845 NYS2d AD3d 540,845 45 AD3d Edison Company Consolidated Edison Inc., v. Consolidated 822 NYS2d Cola-Rugg Enterprises, Company Enterprises, Inc., 2006]; Cola-Rugg Dept. 2006]; NYS2d 295 [2d Dept. 822 Second the Moreover, 1985]). Dept. of New York, Inc., 109 AD2d 726, 486 NYS2d 43 [2d Dept. Moreover, the Second AD2d 726, 486 NYS2d of New York, Inc., economy judicial and justice of interest of justice Department judicial economy consolidations in the interest over consolidations trials over joint trials prefers joint Department prefers 1985]). Dept. 73 4 NYS2d 496 (Megyesi Automotive Rentals, Inc., AD2d 596, 496 NYS2d 473 [2d Dept. 1985]). AD2d 115 Inc., Rentals, e Automotiv v. (Megyesi [* 2] 2 of 4 INDEX NO. 608209/2016 FILED: SUFFOLK COUNTY CLERK 08/30/2018 02:52 PM NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 08/30/2018 Saravia v. Jahoda, Jahoda, et al. aI. Saravia Index No.: No.: 608209/2016 608209/2016 Index Page 3 Page3 Accordingly, the the defendants' defendants' motion motion seeking seeking an order order for a joint trial and and joint discovery Accordingly, joint trial joint discovery pursuant CPLR 602 is granted, granted, without without opposition. opposition. pursuant to CPLR compliance conference conference in these these joined actions will will be held held on Wednesday, Wednesday, December December 5, A compliance joined actions 2018. 2018. foregoing constitutes constitutes the Decision Order of of the Court. Court. The foregoing Decision and Order Dated: Dated: dliJuu/~£ v2llnu.,~' WILLIAM B. REBOLINI, REBOLINI, J.S.C. J.S.c. HON. WILLIAM ___ FINAL DISPOSITION_.....::X-=---DISPOSITION NON-FINAL DISPOSITION DISPOSITION x NON-FINAL _ _ _ FINAL // [* 3] 3 of 4 INDEX NO. 608209/2016 FILED: SUFFOLK COUNTY CLERK 08/30/2018 02:52 PM NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 08/30/2018 RIDER RIDER / Clerk of of the Court Court Clerk Attorney for Plaintiff: Attorney Plaintiff: (Action Action No.2) No. 2) (Action No. 1 and Action Law Office PLLC Law Office of of Jay D. Jacobson, Jacobson, PLLC 225 Broad Broad Hollow Hollow Road, Road, Suite Suite 200 Melville, NY 11747 Melville, NY Attorney Defendant and Attorney for Defendant Third Party Plaintiff, Robert J. Jahoda: Jahoda: Third Party Plaintiff, Robert (Action No. 1) (Action No.1) Kelly, Rode Rode & Kelly, Kelly, LLP 330 Old Country Country Road, Road, Suite Suite 305 Mineola, NY 11501 Mineola, NY Attorney for Third-Party Defendant: Attorney Third-Party Defendant: North Fork Drywall Drywall & Insulation, Insulation, Inc.: NorthFork (Action No. 1 and Action No. 2) (Action NO.1 Action No.2) Goggins Associates Goggins & Associates 13235 Main Main Road, Road, P.O. Box Box 65 NY 11952 Mattituck, NY Mattituck, 11952 Attorney for Defendant Attorney Defendant Anthony Anthony Specia Specia Construction Construction Inc.: (Action No. 2) (Action No.2) Congdon Congdon Flahe1iy Flaherty O'Callaghan 0' Callaghan 333 Earle Earle Ovington Boulevard Ovington Boulevard NY 11553 Uniondale, Uniondale, NY [* 4] 4 of 4

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