Dominguez v Santana
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Dominguez v Santana 2020 NY Slip Op 30288(U) February 3, 2020 Supreme Court, New York County Docket Number: 157996/2018 Judge: Adam Silvera 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 02/04/2020 10:00 AM NYSCEF DOC. NO. 67 INDEX NO. 157996/2018 RECEIVED NYSCEF: 02/04/2020 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. ADAM SILVERA PART IAS MOTION 22 Justice ------------------------------------------------------------------------------X RICARDO DOMINGUEZ, INDEX NO. MOTION DATE Plaintiff, 157996/2018 01/23/2020 MOTION SEQ. NO. 003 -vMARCIO SANTANA, JOSE SANTIAGO, ADVANTAGE VEHICLES LLC. DECISION + ORDER ON MOTION Defendant. -----------------------------------------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 003) 52, 53, 54, 55, 56, 58,59,60,61,62,63,64,65,66 were read on this motion to/for CONSOLIDATE/JOIN FOR TRIAL Upon the foregoing documents, it is ordered that this motion for consolidation, by defendant Marcio Santana is granted. Defendant Santana moves to consolidate this personal injury action with another action currently pending in the Supreme Court of Bronx County (Jose Luis Delgado-Santiago v Marcio B. Silvestre Santana, index no. 23518/19), arguing that the two actions arise out of the same accident and have common parties. Defendant Santana also seeks to have the consolidated actions heard in New York County. Plaintiff in the action currently pending in Bronx County opposes the instant motion and argues that his action should remain in Bronx County. Defendant Santana replies. CPLR ยง602(a) states that "[w]hen actions involving a common question of law or fact are pending before a court, the court, upon motion ... may order the actions consolidated". Here, it is undisputed that the actions arise out of the same motor vehicle accident and involve many of the same parties. In opposition, Jose Santiago, as plaintiff in the Bronx County action, argues that consolidation should be denied as such action is properly venued in Bronx County where the 157996/2018 DOMINGUEZ, RICARDO vs. SANTANA, MARCIO Motion No. 003 1 of 5 Page 1of5 [*FILED: 2] NEW YORK COUNTY CLERK 02/04/2020 10:00 AM NYSCEF DOC. NO. 67 INDEX NO. 157996/2018 RECEIVED NYSCEF: 02/04/2020 accident occurred and where plaintiff Santiago was hospitalized. However, the actions clearly have common questions of law, namely which party or parties are liable for the injuries of both plaintiffs. Here, there is a risk of inconsistent verdicts if the actions are not consolidated. Moreover, it is undisputed that there are common parties. In fact, plaintiff Santiago, who opposes consolidation, is a defendant in the instant action. Thus, defendant Santana's motion to consolidate is granted to the extent that these actions are joined for discovery and trial. Each action shall maintain separate pleadings, captions, and index numbers, with separate certificates of readiness and notes of issue. Defendant Santana's motion also seeks to have the consolidated action heard in New York County, as the action currently pending herein was filed first in time. The Appellate Division, First Department, has held that "[w]here two actions involving identical issues are pending in separate counties, the actions should be consolidated pursuant to CPLR 602 in the county where the first action was commenced absent special circumstances". Harrison v Harrison, 16 AD3d 206, 207 (l81 Dep't 2005). Here, plaintiff Santiago argues that special circumstances exist in that the accident occurred in Bronx County, there are witnesses in Bronx County, and plaintiff Santiago was hospitalized there. However, it is undisputed that the instant action pending in this Court was properly venued. Plaintiff Santiago has failed to demonstrate any hardship or prejudice for any party or witness to travel from Bronx County to New York County. Thus, defendant Santana's motion to consolidate is granted. The consolidated action shall be heard in the Supreme Court of New York County as such action was filed first in time. Accordingly, it is ORDERED that the motion is granted and the action Jose Luis Delgado-Santiago v Marcio B. Silvestre Santana, index no. 23518/19, pending in the Supreme Court, Bronx County, 157996/2018 DOMINGUEZ, RICARDO vs. SANTANA, MARCIO Motion No. 003 2 of 5 Page 2 of 5 [*FILED: 3] NEW YORK COUNTY CLERK 02/04/2020 10:00 AM NYSCEF DOC. NO. 67 INDEX NO. 157996/2018 RECEIVED NYSCEF: 02/04/2020 shall be consolidated in this Court with Richardo Dominguez v Marcio Santana, Jose Santiago, Advantage Vehicles, LLC, Index No. 157996/18, New York County; and it is further ORDERED that a separate index number be given to the action Jose Luis DelgadoSantiago v Marcio B. Silvestre Santana, being transferred from the Supreme Court, Bronx County, to this Court upon payment of the appropriate fees, if any, and it is further ORDERED that, within 30 days from entry of this order, counsel for the movant shall serve a certified copy of this order upon the Clerk of the Supreme Court, Bronx County, and shall pay the appropriate fee, if any, for such transfer and shall contact the staff of said Clerk to arrange for the effectuation of the transfer in an efficient manner; and it is further ORDERED that service upon the Clerk of the Supreme Court, Bronx County shall be made in accordance with any applicable protocol or other procedures of said county; and it is further ORDERED that the Clerk of the Supreme Court, Bronx County, shall transfer the documents on file under Index No. 23518/19 to the Clerk of this Court for the purpose of consolidation; and it is further ORDERED that the Clerk of the Supreme Court, Bronx County and the Clerk of this court shall coordinate the transfer of the documents being transferred so as to ensure an efficient transfer and to minimize insofar as practical the reproduction of such documents, including with regard to any documents that may be in digital format; 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 141 B ), who 157996/2018 DOMINGUEZ, RICARDO vs. SANTANA, MARCIO Motion No. 003 3 of 5 Page 3 of 5 [*FILED: 4] NEW YORK COUNTY CLERK 02/04/2020 10:00 AM NYSCEF DOC. NO. 67 INDEX NO. 157996/2018 RECEIVED NYSCEF: 02/04/2020 shall consolidate the documents in the actions hereby consolidated and shall mark his records to reflect the consolidation for joint discovery and trial; and it is further ORDERED that such service upon the Clerk of the Court shall be made in hard-copy format if the case pending in this county is a hard-copy case or, if this case is an e-filed one, 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 this 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 transferred from the Supreme Court, Bronx County in the consolidated case file under the New York County Index Number of the consolidated action in the New York State Courts Electronic Filing System or make appropriate notations of such documents in thee-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 upon 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 discovery shall proceed expeditiously; and it is further ORDERED that all parties, or counsel, shall appear for a previously scheduled compliance conference in room 106 of 80 Centre Street, New York, NY on February 24, 2020 at 9:30am; and it is further ORDERED that within 14 days of obtaining a separate index number in the action Jose 157996/2018 DOMINGUEZ, RICARDO vs. SANTANA, MARCIO Motion No. 003 4 of 5 Page 4 of 5 [*FILED: 5] NEW YORK COUNTY CLERK 02/04/2020 10:00 AM NYSCEF DOC. NO. 67 INDEX NO. 157996/2018 RECEIVED NYSCEF: 02/04/2020 Luis Delgado-Santiago v Marcio B. Silvestre Santana, movant shall file a request for judicial intervention. This constitutes the Decision/Order of the Court. 2/3/2020 DATE CHECK ONE: ADAM SILVERA, 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 157996/2018 DOMINGUEZ, RICARDO vs. SANTANA, MARCIO Motion No. 003 5 of 5 D OTHER D REFERENCE Page 5 of 5
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