Mitchell v New York City Tr. Auth.

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Mitchell v New York City Tr. Auth. 2020 NY Slip Op 33614(U) November 2, 2020 Supreme Court, New York County Docket Number: 15927012019 Judge: Suzanne J. Adams 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. 159270/2019 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/02/2020 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. SUZANNE J, ADAMS PART IAS MOTION 21 Justice --------------------------------------------------X JERRIE MITCHELL, INDEX NO. 15927012019 MOTION DATE NIA MOTION SEQ. NO. 002 Plaintiff, - vNEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY, MTA BUS COMPANY, ALDRICK THOMAS, DAIMLER TRUST, GUILLERMO MENENDEZ ESCANDON ·' AMENDED DECISION + ORDER ON MOTION Defendant. -----------------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 002) 28, 29, 30, 31, 32 were read on this motion to/for CONSOLIDATE/JOIN FOR TRIAL Upon the foregoing documents, it is ordered that defendants Guillenno Menendez and Juana Aguilera's motion to consolidate is granted, without opposition. Defendants move to consolidate this personal injury action with another action currently pending in Supreme Court, Bronx County (Alderick Thomas v. Juana A. Aguilera and Guillermo Menendez Escandon, Index No. 34165/2019E), on the grounds that the two actions arise out of the same accident and have common parties. CPLR §602(a) states that "(w]hen actions involving a common question of law or fact are pending before a court, the court, upon motion ... may order the actions consolidated". Here, it is undisputed that both actions arise out of the same motor vehicle accident that occurred on February 14, 2019, and each plaintiff claims to have sustained injuries as a result of the moving defendants' alleged negligence. No opposition has been filed. Thus, the motion is granted and these actions are joined for discovery and trial. Each action shall maintain separate pleadings and captions, and will file separate certificates of readiness and notes of issue. 15927012019 MITCHELL, JERRIE J. vs. NEW YORK CITY TRANSIT Motion No. 002 1 of 4 Page 1of4 [* 2] INDEX NO. 159270/2019 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/02/2020 Accordingly, it is ORDERED that the motion is granted and the action Alderick Thomas y. Juana A. Aguilera and Guillermo Menendez Escandon, Index No. 34165/2019E, pending in the Supreme Court, Bronx County, shall be jointly tried in this court with Jerrie J. Mitchell v. New York City Transit Authority, et al., Index No. 159270/2019, New York County; and it is further ORDERED that, within 30 days from entry of this order, counsel for the movants shall serve a certified copy ofthis order upon the Clerk of the Supreme Court, Bronx County, and shall pay the appropriate fee, if any, for the transfer of the file in that action and shall contact the staff of said Clerk to arrange for the effectuation of the transfer in an efficient manner; and it is further ORDERED that service upon the Clerk of the Supreme Court, Bronx County shall be made • in accordance with any applicable protocol or other procedures of said county; and it is further ORDERED that the Clerk of the Supreme Court, Bronx County, shall transfer to the Clerk of the Supreme Court, New York County, all of the papers on file in the Alderick Thomas v. Juana A. Aguilera and Guillermo Menendez Escandon, Index No. 34165/2019E, Supreme Court, Bronx County; and it is further ORDERED that the Clerk of the Supreme Court, Bronx County, and the Clerk of this court shall coordinate the transfer of the documents being transferred so as to ensure an efficient transfer and to minimize insofar as practical the reproduction of documents, including with regard to any documents that may be in digital format; and it is further ORDERED that, within 30 days from entry of this order, movants shall serve a copy of this order with notice of entry upon the Clerk of the Supreme Court, New York County (60 Centre Street, Room 141 B); and it is further 15927012019 MITCHELL, JERRIE J. vs. NEW YORK CITY TRANSIT Motion No. 002 2 of 4 Page2of4 [* 3] INDEX NO. 159270/2019 ,· NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/02/2020 ORDERED that such service upon the Clerk of this 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, upon receipt of the case file from the Clerk of the Supreme Court, Bronx County, the Clerk of this court shall, without further fee, assign a New York County index number to the matter transferred pursuant to this order and shall file under this number the documents transferred; and it is further ORDERED that, as applicable and insofar as is practical, the Clerk of this Court shall file the documents transferred to this court pursuant to this order under the New York County index number assigned to the transferred matter in the New York State Courts Electronic Filing System or make appropriate notations of such documents in thee-filing records of the court so as to ensure access to the transferred documents; and it is further ORDERED that, within 30 days from entry of this order, movants shall serve a copy of this order with notice of entry upon the Clerk of the General Clerk's Office (60 Centre Street, Room 119), together with a Request for Judicial Intervention ("RJI") in the action that is transferred to this county pursuant to this order or, if an RJJ had already been filed in that action, with a copy of that RJI (in which event, no further fee shall be imposed); and it is further ORDERED that the Clerk of the General Clerk's Office shall assign the transferred action to the undersigned; and it is further ORDERED that, upon payment of the appropriate calendar fees and the filing of notes of issue and certificates of readiness in each of the above actions, to each of which the filer shall annex a copy of this order with notice of entry, the Clerk of the General Clerk's Office shall place 15927012019 MITCHELL, JERRIE J, ·Motion No. -002 vs. NEWYORK CITY TRANSIT 3 of 4 Page 3 of 4 [* 4] INDEX NO. 159270/2019 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/02/2020 the aforesaid actions upon the trial calendar for a joint trial of both matters before the undersigned or another Justice of this court; and it is further ORDERED that service upon the Clerk of the General Clerk's Office shall be made in hard-copy format if this is a hard-copy action or, if this is an e-filed case, shall be made in accordance with the procedures set forth in the aforesaid Protocol. This constitutes the decision and order of the court. 11/2/2020 DATE CHECK ONE: SUZANNE J. ADAMS, J.S.C. CASE DISPOSED GRANTED D NON-FINAL DISPOSITION DENIED 8 ,GRANTED IN PART SUBMIT ORDER APPLICATION: SETTLE ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFERIREASSIGN 159270/2019 MITCHELL, JERRIE J. vs. NEW YORK CITY TRANSIT Motion No. 002 4 of 4 FIDUCIARY APPOINTMENT D D OTHER REFERENCE Page 4 of 4

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