Ice v Park Hotels & Resorts Inc.

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Ice v Park Hotels & Resorts Inc. 2019 NY Slip Op 33056(U) October 10, 2019 Supreme Court, New York County Docket Number: 154725/2017 Judge: Margaret A. Chan 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 10/16/2019 12:52 PM NYSCEF DOC. NO. 20 INDEX NO. 154725/2017 RECEIVED NYSCEF: 10/16/2019 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: PART HON. MARGARET A. CHAN IAS MOTION 33EFM Justice ---------------------------------------------------------------------------------X ROBYN ICE INDEX NO. MOTION DATE Plaintiff, 154725/2017 08/14/2019 MOTION SEQ. NO. 001 -vDECISION +ORDER ON MOTION PARK HOTELS & RESORTS INC., Defendant. ---------------------------------------------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 001) 14, 15, 16, 17, 18 were read on this motion to/for CONSOLIDATE/JOIN FOR TRIAL In this action for personal injury, defendants, Park Hotels & Resorts, Inc. and Hilton Hotels, Corp. d/b/a Double Tree by Hilton Hotel New York City (collectively, defendants), move pursuant to CPLR §602 to consolidate the instant action with another action pending in Supreme Court, New York County, entitled Robyn Ice v. Al-Stone Ground Tenant, LLC., Al-Stone, LLC., Bridge Hotel Group, LLC., Magna Hospitality Group, L. C., Lex Stone Street, L.P. and Lex Stone, Inc., brought, Index . No. 162133/2018, for joint discovery and trial. Plaintiff, Robyn Ice, does not oppose defendants' motion. Plaintiff alleges that on August 13, 2016, she was injured in her room at the Double Tree Hotel located at 8 Stone street, in the city, state, and county of New York. Plaintiff alleges that while she was attempting to close an open safe located in the closet of her hotel room, the safe fell on plaintiffs head causing her severe injuries (NYSCEF# 1- Complaint at ififl8-19). Discussion In support of their motion, defendants argue that both actions arise out of the same alleged incident involving common issues of law and fact, and thus, these actions should be consolidated in the interest of judicial economy. 154725/2017 ICE, ROBYN vs. PARK HOTELS & RESORTS INC. Motion No. 001 1 of 4 Page 1of4 [*FILED: 2] NEW YORK COUNTY CLERK 10/16/2019 12:52 PM NYSCEF DOC. NO. 20 INDEX NO. 154725/2017 RECEIVED NYSCEF: 10/16/2019 CPLR §602(a) provides: "Generally. When actions involving a common question oflaw or fact are pending before a court, the court, upon motion, may order a joint trial of any or all the matters in issue, may order the actions consolidated, and may make such other orders concerning proceedings therein. as may tend to avoid unnecessary costs or delay." Courts have wide discretion to consolidate actions in the interest of judicial economy where there are common questions oflaw and fact (Geneva Teps, Inc. v New World Communities, Inc. 24 AD3d 332 [1st Dept 2005]). Here, the issues in both actions concern the alleged negligence and the corresponding alleged violation of a duty to keep premises safe by all the named defendants as related to plaintiffs accident. The alleged facts surrounding the accident and legal issues presented are identical in both actions. Moreover, neither of the two actions have been noticed for trial and discovery is still pending in both proceedings. In sum, as the two separate actions arose out of the same accident and the same set of facts and issues oflaw, consolidation is appropriate. Accordingly, it is herepy ORDERED that the motion is granted, and the above-captioned action is consolidated in this Court with the action entitled Ice v. Al-Stone Ground Tenant LLC, et. al., index No. 162133/2018, pending in this Court; it is further ORDERED that the consolidation shall take place under index no. 154725/2017, and the consolidated action shall bear the following caption: 154725/2017 ICE, ROBYN vs. PARK HOTELS & RESORTS INC. Motion No. 001 2 of 4 Page 2 of4 [*FILED: 3] NEW YORK COUNTY CLERK 10/16/2019 12:52 PM NYSCEF DOC. NO. 20 INDEX NO. 154725/2017 RECEIVED NYSCEF: 10/16/2019 ----------------------------------------------------------------------------------------x ROBYN ICE, Index No: 154725/17 Plaintiff, ·against· PARK HOTELS & RESORTS, INC., HILTON HOTELS, CORP. d/b/a DOUBLE TREE BY HILTON HOTEL NEW YORK CITY, AL-STONE GROUND TENANT LLC, AL-STONE, LLC., BRIDGE HOTEL GROUP, LLC., MAGNA HOSPITALITY GROUP, L.C., LEX STONE STREET, L.P., and LEX STONE, INC., Defendants. ----------------------------------------------------------------------------------------X; it is fllrtlier ORDERED tliat tlie pleadings in tlie actions liereby consolidated sliall stand as tlie pleadings in tlie consolidated action;.it is fortlier ORDERED tliat, witliin 30 days from entry of tliis order, movant sliall serve a copy of tliis order witli notice of entry on tlie Clerk of tlie Collrt (60 Centre Street, Room 141 B), wlio sliall consolidate tlie docllments in tlie actions liereby consolidated and sliall mark liis records to reflect tlie consolidation; it is fllrtlier ORDERED tliat collnsel for tlie movant sliall contact tlie staff of tlie Clerk of tlie Collrt to arrange for tlie effectllation of tlie consolidation liereby directed; it is fllrtlier ORDERED tliat service of tliis order llpon tlie Clerk of tlie Collrt sliall be made in liard·copy format if tliis action is a liard·copy matter or, if it is an e~filed case, sliall be made in accordance witli tlie procedllres set fortli in tlie Protocol on Courthouse and County Clerk Procedures for Electronically Filed Cases (accessible at tlie "EFiling'' page on tlie collrt's website at tlie address www.nycollrts.gov/sllpctmanli); it is fortlier ORDERED tliat, as applicable and insofar as is practical, tlie Clerk of tliis Collrt sliall file tlie docllments being consolidated in tlie consolidated case file llnder tlie index nllmber of tlie consolidated action in tlie New York State Collrts Electronic 154725/2017 ICE, ROBYN vs. PARK HOTELS & RESORTS INC. Motion No. 001 3 of 4 Page 3 of4 [*FILED: 4] NEW YORK COUNTY CLERK 10/16/2019 12:52 PM NYSCEF DOC. NO. 20 INDEX NO. 154725/2017 RECEIVED NYSCEF: 10/16/2019 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; 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 is an efiled case, shall be made in accordance with the procedures set forth in the aforesaid Protocol This constitutes the order of the court. rx\~. ~i:,.~ ~"' • ~G~~~· 10/10/2019 DATE CHECK ONE: MARGARET A. CHAN, 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 154725/2017 ICE, ROBYN vs. PARK HOTELS & RESORTS INC. Motion No. 001 4 of 4 D OTHER D REFERENCE Page4 of4 ·'

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