Leonetti v Related Cos., L.P.

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Leonetti v Related Cos., L.P. 2020 NY Slip Op 32410(U) July 23, 2020 Supreme Court, New York County Docket Number: 152580/2019 Judge: W. Franc Perry 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 07/23/2020 04:37 PM NYSCEF DOC. NO. 43 INDEX NO. 152580/2019 RECEIVED NYSCEF: 07/23/2020 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: PART HON. W. FRANC PERRY Justice ---------------------------------------------------------------------------------X ANTHONY LEONETTI, IAS MOTION 23EFM INDEX NO. MOTION DATE Plaintiff, 152580/2019 03/18/2020 001 MOTION SEQ. NO. -vTHE RELATED COMPANIES, L.P., OXFORD PROPERTIES GROUP INC., TISHMAN REALTY & CONSTRUCTION CO., INC., TUTOR PERINI CORPORATION, STRUCTURE TONE, LLC, METROPOLITAN TRANSPORTATION AUTHORITY (MTA), CITY OF NEW YORK, DECISION + ORDER ON MOTION Defendant. ---------------------------------------------------------------------------------X STRUCTURE TONE, LLC Third-Party Index No. 596027/2019 Plaintiff, -against- EGG ELECTRIC, INC. Defendant. --------------------------------------------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 001) 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34 were read on this motion to/for CONSOLIDATE/JOIN FOR TRIAL . In this personal injury action, plaintiff Anthony Leonetti seeks to recover damages from the defendants allegedly resulting from a trip and fall accident on the 12th floor at 30 Hudson Yards, New York, New York. Plaintiff seeks an order pursuant to CPLR §602 to consolidate this action (Action No. 1) with another action (Action No. 2) filed later in this court under index number 160372/2019, arising out of the same accident and alleging the same damages and injuries. The motion is submitted without opposition. 152580/2019 LEONETTI, ANTHONY vs. RELATED COMPANIES, L.P. Motion No. 001 1 of 4 Page 1 of 4 [*FILED: 2] NEW YORK COUNTY CLERK 07/23/2020 04:37 PM NYSCEF DOC. NO. 43 INDEX NO. 152580/2019 RECEIVED NYSCEF: 07/23/2020 Based on a review of the pleadings in both actions it is clear that these actions arise out of the same transaction and involve common questions of law and fact. Accordingly, in order to promote judicial economy and to streamline discovery, motion sequence number 001 which seeks to consolidate the actions before a single justice is granted. It is therefore, ORDERED that the motion is granted and the above-captioned action is consolidated in this Court with Leonetti vs. TW NY Properties LLC, et al, Index No. 160372/2019, pending in this Court; and it is further ORDERED that the consolidation shall take place under Index No. 152580/2019 and the consolidated action shall bear the following caption: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------------X ANTHONY LEONETTI, Index No.: 152580/2019 Plaintiff, - againstTW NY PROPERTIES LLC, STRUCTURE TONE, LLC, STRUCTURE TONE, INC., TISHMAN CONSTRUCTION CORPORATION, OXFORD HUDSON YARDS, LLC, THE RELATED COMPANIES, L.P., TUTOR PERINI CORPORATION, METROPOLITAN TRANSPORTATION AUTHORITY (MTA), and CITY OF NEW YORK, Defendants. --------------------------------------------------------------------X 152580/2019 LEONETTI, ANTHONY vs. RELATED COMPANIES, L.P. Motion No. 001 2 of 4 Page 2 of 4 [*FILED: 3] NEW YORK COUNTY CLERK 07/23/2020 04:37 PM NYSCEF DOC. NO. 43 INDEX NO. 152580/2019 RECEIVED NYSCEF: 07/23/2020 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 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 movant shall contact the staff of the Clerk of the Court to arrange for the effectuation of the consolidation hereby directed; and 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 Procedures for Electronically Filed Cases (accessible at the “E-Filing” page on the 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 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 152580/2019 LEONETTI, ANTHONY vs. RELATED COMPANIES, L.P. Motion No. 001 3 of 4 Page 3 of 4 [*FILED: 4] NEW YORK COUNTY CLERK 07/23/2020 04:37 PM NYSCEF DOC. NO. 43 INDEX NO. 152580/2019 RECEIVED NYSCEF: 07/23/2020 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. July 23, 2020 DATE W. FRANC PERRY, J.S.C. CHECK ONE: CASE DISPOSED X GRANTED X DENIED NON-FINAL DISPOSITION GRANTED IN PART APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT 152580/2019 LEONETTI, ANTHONY vs. RELATED COMPANIES, L.P. Motion No. 001 4 of 4 OTHER REFERENCE Page 4 of 4

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