Pecoraro v Carnegie Hall Corp.

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Pecoraro v Carnegie Hall Corp. 2020 NY Slip Op 31818(U) June 11, 2020 Supreme Court, New York County Docket Number: 151435/2019 Judge: Barbara Jaffe 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. [* 1] INDEX NO. 151435/2019 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 06/11/2020 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: PART HON. BARBARA JAFFE IAS MOTION 12EFM Justice ----------------------------------------------------------------- ----------------X FRANK PECORARO, INDEX NO. 151435/2019 MOTION DATE Plaintiff, MOTION SEQ. NO. 002 -vTHE CARNEGIE HALL CORPORATION, DECISION + ORDER ON MOTION Defendant. ------------------------------------------------------------------- --------------X THE CARNEGIE HALL CORPORATION, Third-Party Index No. 595580/2019 Third-party Plaintiff, -against- TRANSEL ELEVATOR & ELECTRIC, INC. Third-party Defendant. --------------------------------------------------------------------------------x The following e-filed documents, listed by NYSCEF document number (Motion 002) 26-33 Consolidate were read on this motion to By notice of motion, submitted on default, defendant moves pursuant to CPLR 602( a) for an order consolidating this action with one filed by plaintiff against nonparty The City of New York, pending in this court under index number 160517/2018. By summons and complaint dated November 12, 2018, plaintiff commenced the other action against City, alleging that on August 15, 2017, he was injured while working at a construction site located at 881 7th A venue in Manhattan. Plaintiff advances causes of action for negligence and violation of the Labor Law. (NYSCEF 30). By summons and complaint dated February 11, 2019, plaintiff commenced this action 151435/2019 Motion No. 002 Page 1 of4 1 of 4 [* 2] INDEX NO. 151435/2019 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 06/11/2020 against defendant, alleging the same facts and causes of action alleged against City. (NYSCEF 28). By third-party summons and complaint dated July 2, 2019, defendant commenced a thirdparty action against third-party defendant Transel Elevator & Electric, Inc. d/b/a TEI Group, alleging that it is liable to it for indemnification, contribution, and breach of contract. (NYSCEF 29). Defendant contends that as both actions concern the same accident and causes of action, consolidation is warranted. Moreover, it argues, discovery remains outstanding in both actions, so there will be no delay should the actions be consolidated. (NYSCEF 27). Pursuant to CPLR 602(a), [w ]hen actions involving a common question of law 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. And, " [t]here is a preference to join cases for discovery and trial in the interests of judicial economy and ease of decision-making where there are common questions of law and fact." (Lema v 1148 Corp., 176 AD3d 653, 654 [1st Dept 2019]). As plaintiff advances the same causes of action arising from the same accident in both actions, and no party opposes or claims prejudice, consolidation is warranted. (Geneva Temps, Inc. v New World Communities, Inc., 24 AD3d 332, 334 [1st Dept 2005]). Accordingly, it is hereby ORDERED, that the motion is granted and the above-captioned action is consolidated in this Court with Frank Mario Pecoraro v The City of New York, Index No. 160517/2018, pending in this Court; it is further ORDERED, that the consolidation shall take place under Index No. 160517/2018 and the consolidated action shall bear the following caption: 151435/2019 Motion No. 002 Page 2 of 4 2 of 4 [* 3] INDEX NO. 151435/2019 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 06/11/2020 ---------------------------------------------------------------------)( FRANK MARIO PECORARO, Plaintiff, -v - THE CITY OF NEW YORK and THE CARNEGIE HALL CORPORATION, Defendants. ---------------------------------------------------------------------)( THE CARNEGIE HALL CORPORATION, Third-Party Plaintiff, -againstTRANSEL ELEVATOR & ELECTRIC, INC. d/b/a TEI GROUP, Third-Party Defendant. --------------------------------------------------------------------)( It is forth er ORDERED that the pleadings in the actions hereby consolidated shall stand as the pleadings 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 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; 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; it is further ORDERED that service of this order upon the Clerk of the Court shall be made in accordance with the procedures set forth in the Protocol on Courthouse and County Clerk 151435/2019 Motion No. 002 Page 3 of 4 3 of 4 [* 4] INDEX NO. 151435/2019 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 06/11/2020 Procedures for Electronically Filed Cases (accessible at the "E-Filing" page on the court's website at the address www.nycourts.gov/supctmanh); 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 ORDERED that such service upon the Clerk of the General Clerk's Office shall be made in accordance with the procedures set forth in the aforesaid Protocol. 659F68ACE21D 6/11/2020 DATE CHECK ONE: BARBARAJA CASE DISPOSED GRANTED D DENIED APPLICATION: SETTLE ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN 151435/2019 Motion No. 002 ~ NON-FINAL DISPOSITION GRANTED IN PART SUBMIT ORDER FIDUCIARY APPOINTMENT D D OTHER REFERENCE Page4 of 4 4 of 4

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