Bissesar v Time Warner Cable

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Bissesar v Time Warner Cable 2020 NY Slip Op 33303(U) October 7, 2020 Supreme Court, New York County Docket Number: 161363/2017 Judge: Lisa S. Headley 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. 161363/2017 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 10/07/2020 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: PART HON. LISA S. HEADLEY IAS MOTION 22 Justice ----------------------------------------------------------------- ----------------X CHANDRADAI BISSESAR, Plaintiff, INDEX NO. 161363/2017 MOTION DATE N/A MOTION SEQ. NO. 002 -vTIME WARNER CABLE, DONOVAN CREARY, NARINE BISSESAR, STACY BISSESAR DECISION + ORDER ON MOTION 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, 37,48,49,50,51 were read on this motion to/for CONSOLIDATE/JOIN FOR TRIAL Upon the foregoing documents, it is ORDERED that the motion of defendants, Narine Bissesar and Stacy Bissesar, to consolidate this action for joint discovery and joint trial is granted. It is further ORDERED that plaintiff's cross-motion to amend the caption is granted. First, defendants, Narine Bissesar and Stacy Bissesar, seek to consolidate this action with a related action pending in the Supreme Court, County of New York, bearing Index Number 162570/2019. Codefendants, Time Warner Entertainment, Co. LP. and Donovan E. Creary, have filed an affirmation in support of the motion to consolidate. Plaintiff Chandradai Bissesar does not oppose consolidation of the actions for joint discovery and trial. Second, plaintiff filed a cross-motion to amend the caption to reflect the proper entity name for co-defendant, Time Warner Cable. No opposition to plaintiff's cross-motion to amend the caption has been filed. The defendants' motion to consolidate is granted. CPLR §602(a) states that "[w]hen actions involving a common question oflaw 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 161363/2017 BISSESAR, CHANDRADAI vs. TIME WARNER CABLE Motion No. 002 1 of 4 Page 1 of4 [* 2] INDEX NO. 161363/2017 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 10/07/2020 motor vehicle accident and involve the same defendants and will involve the same questions of law and fact. No opposition has been filed. Thus, the motion of defendants Narine Bissesar and Stacy Bissesar to consolidate is granted. The plaintiffs cross-motion to amend the caption is also granted. Pursuant to CPLR 3025(b), "[a] party may amend his pleading, or supplement it by setting forth additional or subsequent transactions or occurrences, at any time by leave of court or by stipulation of all parties." Leave to amend pleadings is generally freely granted, absent prejudice and surprise resulting from the delay. See, Edenwald Contr. Co. v City ofNew York, 60 NY2d 957,959 (1983); Antwerpse Diamantbank N. V v Nisse!, 27 AD3d 207, 208 (1st Dep't 2006). To find prejudice there must be some indication that a party has been hindered in the preparation of his case or prevented from taking some measure in support of his position. See, Abdelnabi v NYC Transit Authority, 273 AD2d 114, 115 (1st Dep't 2000). Here, plaintiff seeks to amend the summons and verified complaint and to amend the caption to reflect the proper entity name for the defendant Time Warner Cable, which is "TIME WARNER ENTERTAINMENT, CO. LP.," as told to Plaintiff by attorney for defendant "Time Warner." No opposition has been filed, and, thus, no prejudice has been alleged. As such, plaintiffs motion to amend is granted. Accordingly, it is ORDERED that defendants' motion to consolidate and plaintiffs cross-motion to amend the caption are granted, and the action Chandradai Bissesar v. Time Warner Entertainment, Co. LP., Donovan E. Creary, Narine Bissesar and Stacy Bissesar, Index No.: 161363/2017 (Action #1), shall be consolidated in this Court with action Stacy Bissesar v. Time Warner Entertainment, 161363/2017 BISSESAR, CHANDRADAI vs. TIME WARNER CABLE Motion No. 002 2 of 4 Page 2 of 4 [* 3] INDEX NO. 161363/2017 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 10/07/2020 Co. LP., Donovan E. Creary, Index No.: 162570/2019 (Action #2). Consolidation shall take place under Index No.: 161363/2017 and the consolidated action shall bear the following caption: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK CHANDRADAI BISSESAR, Plaintiff, -against- Index No. 161363/2017 TIME WARNER ENTERTAINMENT, CO. LP., DONOVAN E. CREARY, NARINE BISSESAR and STACY BISSESAR, Defendants. STACY BISSESAR, Plaintiff, -againstTIME WARNER ENTERTAINMENT, CO. LP., DONOVAN E. CREARY, Defendants. And it is further ORDERED that the pleadings in the actions are hereby consolidated and amended and shall stand as the pleadings in the consolidated action; and it is further ORDERED that, within 30 days from entry of this order, counsel for movant shall serve a copy of this order with notice of entry upon all parties, on the Clerk of the Court (60 Centre Street, Room 141 B), and the Clerk of the General Clerk's Office (60 Centre Street, Room 119) who shall 161363/2017 BISSESAR, CHANDRADAI vs. TIME WARNER CABLE Motion No. 002 3 of 4 Page 3 of 4 [* 4] INDEX NO. 161363/2017 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 10/07/2020 consolidate the documents and amend the caption in the actions hereby consolidated and shall mark the court's records to reflect the consolidation and amendment; and it is further ORDERED that service of this order upon the County Clerk and the Clerk of the General Clerk's 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 "EFiling" 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 and amended in the consolidated case file under the Index No.: 161363/2017 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. This constitutes the Decision/Order of this Court. 10/7/2020 DATE CHECK ONE: LISA S. HEADLEY, 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 161363/2017 BISSESAR, CHANDRADAI vs. TIME WARNER CABLE Motion No. 002 4 of 4 D OTHER D REFERENCE Page4 of 4

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