Antonio v 305 E. 61st St. Group LLC

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Antonio v 305 E. 61st St. Group LLC 2019 NY Slip Op 31920(U) July 5, 2019 Supreme Court, New York County Docket Number: 150779/2018 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. [*FILED: 1] NEW YORK COUNTY CLERK 07/08/2019 02:57 PM NYSCEF DOC. NO. 76 INDEX NO. 150779/2018 RECEIVED NYSCEF: 07/08/2019 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: PART HON. DAVID BENJAMIN COHEN IAS MOTION 58EFM Justice -------------------------------------------------------------------------------X VIRGINIO ANTONIO, INDEX NO. MOTION DATE 150779/2018 05/09/2019 Plaintiff, 004 MOTION SEQ. NO. -v305 EAST 61ST STREET GROUP LLC,HUDSON MANAGEMENT & CONSULTING GROUP LLC,CYPRESS GREEN CONSTRUCTION CORP., S & J CONSTRUCTION SERVICES INC.,LITTLE HEARTS MARKS FAMILY II LP., FIRST NEW YORK REAL TY CO., INC.,THE NEW YORK ARTS CONDOMINIUM, DECISION + ORDER ON MOTION Defendant. ---------------------------------------------------------------------------------X 305 EAST 61ST STREET GROUP LLC Third-Party Index No. 595969/2018 Plaintiff, -againstSMART BUILDING MAINTENANCE INC. Defendant. -------------------------------------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 004) 57, 58, 59, 60, 61, 62,63,64,65,66,67,68,69, 70, 71, 72, 73, 74 were read on this motion to/for CONSOLIDATE/JOIN FOR TRIAL Upon the foregoing documents, it is first noted that this motion was fully submitted, without any opposition, prior to the filing of 305 EAST 61ST STREET GROUP LLC's bankruptcy petition, which stays this action as against 305 EAST 61ST STREET GROUP LLC. ORDERED that plaintiffs motion to consolidate is granted and the above-captioned action is consolidated in this Court with 305 EAST 61ST STREET GROUP LLC vs. SMART 150779/2018 ANTONIO, VIRGINIO vs. 305 EAST 61ST STREET GROUP LLC Motion No. 004 1 of 4 Page 1of4 [*FILED: 2] NEW YORK COUNTY CLERK 07/08/2019 02:57 PM NYSCEF DOC. NO. 76 INDEX NO. 150779/2018 RECEIVED NYSCEF: 07/08/2019 BUILDING MAINTENANCE INC., Index No. 595969/2018, pending in this Court; and it is further ORDERED that the consolidation shall take place under Index No. 150779/2018 and the consolidated action shall bear the following caption: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------------)( VIRGINIO ANTONIO, Plaintiff, -against305 EAST 61ST STREET GROUP LLC, PCCM MANAGEMENT CORP., HUDSON MANAGEMENT & CONSULTING GROUP LLC, CYPRESS GREEN CONSTRUCTION CORP., S&J CONSTRUCTION SERVICES INC., LITTLE HEARTS MARKS FAMILY II L.P., FIRST NEW YORK REAL TY CO., INC. and THE NEW YORK ARTS CONDOMINIUM, Defendants. -------------------------------------------------------------------------------)( 305 EAST 61st STREET GROUP LLC, Third-Party Plaintiff, -againstSMART BUILDING MAINTENANCE, INC., Third-Party Defendant. --------------------------------------------------------------------------------)( 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 150779/2018 ANTONIO, VIRGINIO vs. 305 EAST 61ST STREET GROUP LLC Motion No. 004 2 of 4 Page 2 of4 [*FILED: 3] NEW YORK COUNTY CLERK 07/08/2019 02:57 PM NYSCEF DOC. NO. 76 INDEX NO. 150779/2018 RECEIVED NYSCEF: 07/08/2019 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 counsel for the movant shall contact the staff of the Clerk of the Court to arrange for the effectuation of the consolidation hereby directed; and it is further ORDERED that service of this order upon the Clerk of the Court shall be made in hardcopy 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 this 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 of such documents in the e-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 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 150779/2018 ANTONIO, VIRGINIO vs. 305 EAST 61ST STREET GROUP LLC Motion No. 004 3 of 4 Page 3 of 4 [*FILED: 4] NEW YORK COUNTY CLERK 07/08/2019 02:57 PM NYSCEF DOC. NO. 76 INDEX NO. 150779/2018 RECEIVED NYSCEF: 07/08/2019 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 is an e-filed case, shall be made in accordance with the procedures set forth in the aforesaid Protocol; and it is further ~~s.c.~ 7/5/2019 DATE CHECK ONE: CASE DISPOSED GRANTED D NON-FINAL DISPosH:O DENIED GRANTED IN PART N. DAV ID 8. COHEN D D OTHER APPLICATION: SETILEORDER SUBMIT ORDER - - - . . . . - - · - · CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT 150779/2018 ANTONIO, VIRGINIO vs. 305 EAST 61ST STREET GROUP LLC Motion No. 004 4 of 4 . REFERENCE Page4 of4 J.S.C.

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