Utica First Ins. Co., v JLJ IV Enters., Inc.

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Utica First Ins. Co., v JLJ IV Enters., Inc. 2020 NY Slip Op 33258(U) October 5, 2020 Supreme Court, New York County Docket Number: 154152/2017 Judge: Kathryn E. Freed 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. 154152/2017 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 10/05/2020 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: PART HON. KATHRYN E. FREED IAS MOTION 2EFM Justice ----------------------------------------------------------------- ----------------X UTICA FIRST INSURANCE COMPANY, AS SUBROGEE OF LJ EAST HOUSTON LLC D/B/A LOBSTER JOINT, INDEX NO. 154152/2017 MOTION SEQ. NO. 002 Plaintiff, -v- DECISION AND ORDER JLJ IV ENTERPRISES, INC., Defendant. ------------------------------------------------------------------- --------------X The following e-filed documents, listed by NYSCEF document number (Motion 002) 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39 were read on this motion to/for CONSOLIDATE/JOIN FOR TRIAL In this subrogation action seeking to recover for property damage, plaintiff Utica First Insurance Company, as subrogee of LJ East Houston LLC d/b/a Lobster Joint ("Utica First") moves, pursuant to CPLR 602 (a), to consolidate this action with another action venued in Supreme Court, New York County, styled Utica First Insurance Company as subrogee of LJ East Houston LLC d/b/a/ Lobster Joint v the City of New York, bearing Index Number 153612/2016 (Docs. 26- 39). Utica First also requests that both actions be consolidated under Index Number 153612/2016 and that the newly consolidated action be transferred to a City Part of the Supreme Court, New York County (Doc. 27). The motion is unopposed. After a review of the motion papers, as well as the relevant statutes and case, the motion is granted. 154152/2017 UTICA FIRST INSURANCE vs. JLJ IV ENTERPRISES, INC. Motion No. 002 1 of 4 Page 1 of4 [* 2] INDEX NO. 154152/2017 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 10/05/2020 It is well-settled that "[c]onsolidation is generally favored by the courts in the interest of judicial economy and ease of decision making where there are common questions of law and fact, unless the party opposing the motion demonstrates that consolidation will prejudice a substantial right" (Amcan Holdings, Inc. v Torys LLP, 32 AD3d 337, 339 [1st Dept 2006] [internal quotation marks and citation omitted]; see CPLR 602 [a]). Here, the consolidation of both actions would be appropriate and advantageous given that both matters arise out of the same May 22, 2014 incident in which a water main allegedly ruptured beneath East Houston Street in Manhattan. Moreover, Utica First submits a stipulation reflecting that all parties agree to the consolidation and the transfer of the consolidated matter to a City Part. Therefore, in accordance with the foregoing, it is hereby: ORDERED that plaintiff's motion seeking consolidation of the captioned action with the matter styled Utica First Insurance Company as subrogee ofLJ East Houston LLC d/b/a/ Lobster Joint v the City of New York, pending under New York County Index Number 153612/2016, is granted and said consolidation shall bear the following caption: 154152/2017 UTICA FIRST INSURANCE vs. JLJ IV ENTERPRISES, INC. Motion No. 002 2 of 4 Page 2 of 4 [* 3] INDEX NO. 154152/2017 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 10/05/2020 UTICA FIRST INSURANCE COMPANY, AS SUBROGEE OF LJ EAST HOUSTON LLC D/B/A LOBSTER JOINT, Plaintiff, Index No. 153612/2016 v THE CITY OF NEW YORK, JLK IV ENTERPRISES, INC., CORPORATIONS XYZ and JOHN DOES NO. 1-10, Defendants. And it is further ORDERED that, within 20 days after this order is uploaded to NYSCEF, counsel for plaintiff shall serve a copy of this order, with notice of entry, on all parties, as well as on the County Clerk (60 Centre Street, Room 141 B) and the Clerk of the Trial Support Office (60 Centre Street, Room 158), who shall mark their records to reflect the consolidation and transfer the consolidated matter to a City part of this court; and it is further ORDERED that such service upon the County Clerk and the Clerk of the Trial Support Office 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 154152/2017 UTICA FIRST INSURANCE vs. JLJ IV ENTERPRISES, INC. Motion No. 002 3 of 4 Page 3 of 4 [* 4] INDEX NO. 154152/2017 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 10/05/2020 ORDERED that this constitutes the decision and order of the Court. 10/5/2020 DATE CHECK ONE: KATHRYNE. FREED, 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 154152/2017 UTICA FIRST INSURANCE vs. JLJ IV ENTERPRISES, INC. Motion No. 002 4 of 4 D OTHER D REFERENCE Page4 of 4

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