Fischer v 250E. Houston St. Assoc., L.P.

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Fischer v 250E. Houston St. Assoc., L.P. 2019 NY Slip Op 33408(U) November 15, 2019 Supreme Court, New York County Docket Number: 160624/2018 Judge: Deborah A. Kaplan 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 11/18/2019 12:00 PM NYSCEF DOC. NO. 59 INDEX NO. 160624/2018 RECEIVED NYSCEF: 11/18/2019 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY I PRESENT: PART HON. DEBORAH A. KAPLAN Administrative Justice ----------------------------------~----------------------------------------------X ·, j DAVID FISCHER, SARAH SCHARF, Plaintiff, IAS MOTION 23EFM INDEX NO. 160624/2018. MOTION DATE N/A MOTION SEQ. NO. 001 -vDECISION + ORDER ON MOTION 250 EAST HOUSTON STREET ASSOCIATES, L.P., Defendant. I --------~------------------------------------------------------------------------X j The following e-filed documents, listed by NYSCEF document number (Motion 001) 3, 4, 5, 6, 7, 8, 9, 110, 11, 12! 13, 14, 15, 16, 17, 18, 19, 20,21, 22, 23,24,25, 26,27,28,29, 30, 31.32, 33, 34, 35, 36, 39,40,41,42,43,44,45,46,47,48,49, 50, 51, 52,53,54, 55, 56, 57, 58 AMEND CAPTION/PLEADINGS were read on this motion to/for I 37,~8. In this declaratory judgment action, seeking attorney's fees and injunctive relief, plaintiffs have commenced four separate and identical actions on behalf of four plaintiffs before three justices. Specifically, the four actions are: , Fischer v. 250 East Houston Street Associates, LP., No. 160624/2018 (before Justice· : W. Franc Perry) . ,r LePage v. 250 East Houston Street Associates, LP., No. 161131/2018 (before Justice 1 James Edward D'Auguste) . Day v. 250 East Houston Street Associates, LP., No. 161897/2018 (before Justice i James Edward D'Auguste) : Forepaugh v. 250 East Houston Street Associates, LP., No. 160660/2018 (before \ Justice Lynn R. Kotler) ·On April 8, 2019, plaintiffs in each of the four cases moved to amend the complaints to add non-party 250 Houston Investors, L.P. ("Investors") as a defendant. Thereafter, on June 24, 2019, Investors opposed each of the motions and cross-moved for consolidation and sanctions in each of the cases. Plaintiffs do not oppose the portion oflnvestors' cross-motions seeking consolidation of all four cases before a single justice, as all four cases state identical causes of 160624/2018 FISCHER, DAVID vs. 250 EAST HOUSTON STREET Motion No. 001 1 of 4 Page 1of4 [*FILED: 2] NEW YORK COUNTY CLERK 11/18/2019 12:00 PM INDEX NO. 160624/2018 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 11/18/2019 action and seek identical relief from the court. (NYSCEF Doc. No. 44, ~ 14). Accordingly, in order to promote judicial economy and to streamline discovery, the court is granting that portion of motion sequence number 001 which seeks to consolidate the actions before a single justice. It is therefore, ORDERED that the portion of the motion seeking consolidation is granted and the abovecaptim1ed action is consolidated in this court with Forepaugh vs. 250 East Houston Street Associates, LP, Index No., 160660/2018; LePage vs. 250 East Houston Street Associates, LP, Index No., 161131/2018; and Day vs. 250 East Houston Street Associates, LP, Index No., 161897/2018; pending in this court; and it is further 'ORDERED that the consolidation shall take place under Index No. 161131/2018 before Justice D' Auguste and the consolidated action shall bear the following caption: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------~------------------------------------------------------------)( ·DAVID FISCHER, SARAH SCHARF, KIMBERLY FOREPAUGH, CECILE LEPAGE, and RICK DAY, Index No.16113112018 Plaintiffs, -against250 EAST HOUSTON STREET ASSOCIATES, L.P., Defendants. ------~--------------------------------------------------------------)( And it is further •ORDERED that the pleadings in the actions hereby consolidated shall stand as the pleadirigs in !he consolidated action; and it is further 160624/2018 FISCHER, DAVID vs. 250 EAST HOUSTON STREET Motion No. 001 2 of 4 Page 2 of4 r [*FILED: 3] NEW YORK COUNTY CLERK 11/18/2019 12:00 PM NYSCEF DOC. NO. 59 INDEX NO. 160624/2018 RECEIVED NYSCEF: 11/18/2019 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 inovant shall contact the staff of the Clerk of the Court to arrange for the effectuation of the consoiidation hereby directed; and it is fuI1:her 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 Courth(JUse and County Clerk Procedures.for Electronically Filed Cases (accessible at the "E-Filing" page on the court's website at the ~ddress 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.ofthis 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 ' 160624f2018 FISCHER, DAVID vs. 250 EAST HOUSTON STREET Motion No. 001 3 of 4 Page 3 of4 [*FILED: 4] NEW YORK COUNTY CLERK 11/18/2019 12:00 PM NYSCEF DOC. NO. 59 INDEX NO. 160624/2018 RECEIVED NYSCEF: 11/18/2019 r ORDERED that such service upon the Clerk of the Ge,neral Clerk's Office shall be made I in hard-copy format if this action is a hard-copy matter or, if it is an e-filed case, shall be made in accord.ance with the procedures set forth in the aforesaid Protocol. 111 ; ) /2019 DATE Hon. Deborah A. Kaplan Administrative Judge Supreme Court, New York County Civil Branch CHECK10NE: ., APPLICATION: ,, CHECK~IF APPROPRIATE: ~ CASE DISPOSED GRANTED SETTLE ORDER ' D DENIED INCLUDES TRANSFER/REASSIGN ~ / NON-FINAL DISPOSITION GRANTED IN PART SUBMIT ORDER FIDUCIARY APPOINTMENT D D OTHER REFERENCE / '' 160624/2018 FISCHER, DAVID vs. 250 EAST HOUSTON STREET Motion No. 001 4 of 4 Page4 of 4

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