Braswell v Mall 1-Bay Plaza

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Braswell v Mall 1-Bay Plaza 2020 NY Slip Op 32186(U) July 2, 2020 Supreme Court, New York County Docket Number: 160650/2013 Judge: Debra A. James 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 07/06/2020 04:45 PM NYSCEF DOC. NO. 178 INDEX NO. 160650/2013 RECEIVED NYSCEF: 07/06/2020 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: lAS MOTION 59EFM PART HON. DEBRA A. JAMES Justice ______________________________________________________ ---------------------X BILLY BRASWELL, Plaintiff, INDEX NO. 160650/2013 MOTION DATE 01/08/2020 MOTION SEQ. NO. 002.003 004 - vMALL 1-BAY PLAZA, LLC,PRESTIGE PROPERTIES & DEVELOPMENT CO. INC. and AURORA CONTRACTORS, INC., DECISION + ORDER ON MOTION Defendants. ----------------------------------------~----------------------------------PRESTIGE PROPERTIES & DEVELOPMENT AURORA CONTRACTORS, INC. X CO. INC., and Third-Party Index No. 595318/2014 Third-Party Plaintiffs, -againstJC STEEL CORP. Third-Party Defendant. --------------------------------------------------------------------------- X MALL 1-BAY PLAZA, LLC, PRESTIGE PROPERTIES & DEVELOPMENT CO. INC., and AURORA CONTRACTORS, INC. Second Third-Party Index No. 595566/2016 Third-Party Plaintiffs, -againstCIVES CORPORATION d/b/a CIVES STEEL COMPANY NORTHERN DIVISION, Third-Party Defendant. -------------------------------------------------------------------------- 160650/2013 BRASWELL, JR., BILLYvs. PRESTIGE PROPERTIES & Motion No. 002 003 004 1 of 4 X Page 1 of4 [*FILED: 2] NEW YORK COUNTY CLERK 07/06/2020 04:45 PM NYSCEF DOC. NO. 178 INDEX NO. 160650/2013 RECEIVED NYSCEF: 07/06/2020 ---------------------------------------------------------~----------------x AURORA CONTRACTORS, Third Third-Party Index No. 595201/2020 INC., Plaintiff, -against- CONSTRUCTION REALTY SAFETY GROUP, INC. Defendant. ------------------------------------------------------------------------- X The following e-filed documents, listed by NYSCEF document number (Motion 002) 75, 76, 77, 78, 79, 80,81,82,83,84,85,86,87,88,89,90,91,92,93,94,95, 96,108,112,113,114,115,116,117,118, 119,120,121,132,133 VACATE/STRIKE were read on this motion to/for - NOTE OF ISSUE/JURY The following e-filed documents, listed by NYSCEF document number (Motion 003) 97, 98, 99, 100, 101, 102,103,104,111,122,123,124,125,126,127,128,129, 130, 131, 134, 135 were read on this motion to/for VACATE/STRIKE - NOTE OF ISSUE/JURY The following e-filed documents, listed by NYSCEF document number (Motion 004) 149, 150, 151, 152, 153,154,155,156,1;57,158,159,160,161,162,163,164, 165, 166, 167, 168,169, 170, 171, 172 were read on this motion to/for SEVER ACTION ORDER Upon the foregoing ORDERED Inc. that the motion (motion sequence defendant documents, number JS Ste,el Corp. of defendant Aurora 002) and the motion (motion sequence the note of issue are granted and the case is stricken it is number Contractors, of third-party 003) to vacate and the note of issue is vacated from the trial calendar; and it is further ORDERED including vocational that all further discovery the submission rehabilitation of plaintiff expert in this matter, to examination retained by a by defendants, shall 2 of 4 160650/2013 BRASWELL, JR., BILLY vs. PRESTIGE PROPERTIES & P:anA ? "f A [*FILED: 3] NEW YORK COUNTY CLERK 07/06/2020 04:45 PM INDEX NO. 160650/2013 NYSCEF DOC. NO. 178 RECEIVED NYSCEF: 07/06/2020 be completed within with notice 90 days from service of a copy of this order of entry; ORDERED and it is further that counsel are directed 15, 2020, 2:30 PM for a conference filing to appear via Skype for Business (sfc-con~erencerequest@nycourts.gov) for conference on September the standard form, at least two days in advance by request of such date; and it is further ORDERED any movant that, within 15 days from the entry of this order, shall serve a copy of this order with on all parties (60 Centre and upon the Clerk of the General Street, Room 119), who is hereby the case from the trial calendar thereof in the records ORDERED be placed directed, imposed), moving to which (f) J; Rule 202.21 ORDERED Clerk's Office to strike notations the plaintiff of discovery shall cause the action to by the filing of a new note of of readiness (fori which no fee shall be a copy of this order by the note of issue as provided in Uniform and it is further' that such filing upon the Clerk of the General Office shall be made in accordance~ith set forth in the 'Protocol on Courthouse Procedures directed 15 days from completion shall be attached to reinstate Clerk's and make all required upon the trial calendar issue and certificate of entry of the court; and it is further that, within as hereinabove notice for Electronically 160650/2013 BRASWELL, Motion No. 002 003 004 JR" BILLY VS. PRESTIGE and County Filed Cases PROPERTIES 3 of 4 & the procedures Clerk (accessible at the "EPage 3 of 4 [*FILED: 4] NEW YORK COUNTY CLERK 07/06/2020 04:45 PM INDEX NO. 160650/2013 NYSCEF DOC. NO. 178 RECEIVED NYSCEF: 07/06/2020 Filing" page on the court's website '{.iWW. nycourts. gov /supctmanh); ORDERED that the motion of third third-party at the address and it is further of plaintiff defendant and the cross motion Construction to sever the third third-party action Realty Safety (motion sequence Group number 004) are denied. DECISION Plaintiff examination concedes by a vocational has not yet appeared. misstatement expert as his counsel of readiness, ahd discovery continuing made a material the note of issue second and third third-party 172nd Street Assoc., 44 AD3d is not complete, with the primary, actions. 305 (lst eb DEBRA APPLICATION: GRANTED 0 NON.FINAL DENIED GRANTED SETTLE ORDER CHECK IF APPROPRIATE: ~ INCLUDES SUBMIT TRANSFER/REASSIGN JR., BILLY VB. PRESTIGE ~ PROPERTIES 4 of 4 moving v 650 West Dept 2007). h X on the as well as first, See DeLeon DATE CASE DISPOSED Aurora placed neither 532 with the third third-party 7/2/2020 CHECK ONE: 154 AD3d as argued by the defendant any prejudice to proceed him for an and that he Matos v City of New York, Moreover, can demonstrate 160650/2013 BRASWELL, Motion No. 002 003 004 noticed Inc., as this action was improperly trial calendar action Therefore, See (1st Dept 2017). party rehabilitation in the certificate shall be vacated. Contractors, that defendants & DISPOSITION IN PART ORDER FIDUCIARY j ~~ ....•.... .A __ A?JAMES'; We: APPOINTMENT 0 0 OTHER REFERENCE Page 4 of4

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