Collazo v Hogsett Family Realty Assoc., LLC

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Collazo v Hogsett Family Realty Assoc., LLC 2021 NY Slip Op 30290(U) February 3, 2021 Supreme Court, Queens County Docket Number: 700762/2019 Judge: Robert J. McDonald 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] FILED: QUEENS COUNTY CLERK 12/04/2019 02:33 PM FILED: NYSCEF NYSCEF CQUNTY DOC.QUEENS NO. 76 DOC. NO. CLERK 12/02/2019 02:19 INDEX NO. 700762/2019 INDEX NO. 700762/2019 RECEIVED NYSCEF: 12/04/2019 PN| 75 SHORT RECEIVED FORM ORDER NEW YORK P R E S E N T : HON. - - - - - - - _ - SUPREME MIRIAM NYSCEF: : COURT ROBERT J. Justice _ - - - COUNTY QUEENS - McDONALD - -- - - IAS - PART 34 X Decision COLLAZO, Prior Amending 'Order Plaintiff, - -'against LIC REALTY FAMILY HOGSETT GROUP HOLDINGS NORTHERN TENANT LLC, CORPORATION, ALPINE SCAFFOLDING - _ _ S&S SKYVIEW NOBLE CONCRETE S&S CONSTRUCTION GEM READY INC. - - _ - - - - - PUMPING CONCRETE CONSOLIDATED - - - - - - SKYVIEW NORTHERN - Court - - - - - - - - - - Plaintiff LLC, Concrete, Defendants Third-Party mistakenly X LLC Third-Party - - LLC, LP, Rise -- - - - - - the omitted 1 1 of -2 2019 COUNT(CLERK QUEENSCOUNTY Defendant. and - X DEC ASSOCIATES, Second - - - INC., TENANT LLC, - 3 FILED CONSTRUCTION Buildingrite, The Seq.: Plaintiff, - REALTY SKYVIEW - Motion - Second - 12 CORPORATION, SCAFFOLDING FAMILY - No.: INC., Defendants. - - against HOGSETT NOBLE Motion CONSOLIDATED Third-Party - 10/17/2019 INC., - - Date: PUMPING MIS and Third-Party - Motion SKYVIEW LLC, LP, CONSTRUCTION LLC, ASSOCIATES, 700762/2019 No.: IndeX 4 3 of 8 -X adding of new party 12/02/2019 [* 2] FILED: QUEENS COUNTY CLERK 12/04/2019 02:33 PM FILED: NYSCEF NYSCEF COUNTY DOC.QUEENS NO. 76 DOC. NO. 12/02/2019 02¯:19 INDEX NO. 700762/2019 700762/2019 NO. RECEIVED NYSCEF: 12/04/2019 INDEX PM| 75 RECEIVED defendants part the extent now added The following plaintiff of the the of Rise new to only LLC" Concrete, are caption. filed electronically an Rise NYSCEF: the modified is and to LLC Concrete, decision LLC amended for and Rise This "Buildingrite, to caption LLC, decision. the that and LLC Buildingrite, caption by the CLERK Order summons as LLC, Concrete, documents the amending and complaint direct on read of body to add motion this complaint the and Buildingrite, defendants: party Papers Numbered Motion-Affirmation-Exhibits..................EF of Notice This an is out arising The filed 2019. 26, In NY2d Dept. the a Lapeer v devoid Spyratos, Freeport, 71 AD3d 745 [2d Dept. LLC, Rise and action.as is has it that ORDERED, leave party defendants; to add AD3d been is 2010], and 642 opposing [2012]). or surprise because they defendants. New 84 to are 1344 [2d v of amendment the provided 60 York, Village (see party given AD3d palpably Bernardi v the to freely Douglas Buildingrite, already in the filed. hereby motion plaintiff's LLC, Buildingrite, and of is 2010]; third-party opposition given on that surprise Inc, (see merit the LLC, second Accordingly, 2019 was LLC, be City Martin prejudice no Concrete, the No 98 Bergere, there Here, surprise or prejudice v Co., of Dept. Elliman, 2018. responsible or amendment proposed the [2d v 14, should Co. Contr. 79 LLC January complaint were pleading Contr. or not on prejudice amend patently AD3d 684 does 2, Concrete, LLC, significant Edenwald unless 2011]), October determined Concrete, to Russo insufficient third-party Rise plaintiff Rise of 3025[b]; 957[1983]; and injuries on action. leave party, filed A LLC, and main absence the opposing CPLR (see were Thereafter, LLC to occurred defendants. personal for damages which Buildingrite, Buildingrite, parties recover complaint and original against June to incident summons the against action an of 61-65 it is further 2 2 of 4 4 of 8 is and granted Rise and Concrete, plaintiff is LLC, as 12/02/2019 [* 3] FILED: QUEENS COUNTY CLERK 12/04/2019 02:33 PM FILED: NYSCEF DOC.QUEENS NO. 76 NYSCEF DOC. NO. . CLERK COUNTY 12/02/2019 INDEX NO. 700762/2019 INDEX 700762/2019 NO. RECEIVED NYSCEF: 12/04/2019 PM 02:19 75 RECEIVED that ORDERED, reflect the herein caption the and foregoing, shall bear the COURT SUPREME COUNTY OF MIRIAM COLLAZO, of all STATE THE to shall OF NEW Index REALTY LLC, GROUP HOLDINGS NORTHERN PUMPING CONCRETE S&S ALPINE MIS READY INC. LLC, TENANT CONSTRUCTION GEM INC., SCAFFOLDING Rise and LLC Buildingrite, LLC, CORPORATION, CONSOLIDATED and LP, CONSTRUCTION SKYVIEW NOBLE - against FAMILY ASSOCIATES, SKYVIEW INC., LLC Concrete, Defendants. CONCRETE S&S PUMPING CORPORATION, Plaintiff, Third-Party - - - - SKYVIEW NOBLE - - - - FAMILY HOGSETT - against SCAFFOLDING CONSOLIDATED - INC., - REALTY ASSOCIATES, TENANT NORTHERN SKYVIEW· CONSTRUCTION Second - - - - - - - - - - - - - - x LLC, LP, LLC Plaintiff Third-Party and LLC Buildingrite, Defendant. - Third-Party - Second - amended filed QUEENS - LIC and YORK Plaintiff, HOGSETT be served be caption: following OF action the papers NYSCEF: Rise Concrete, Third Party - - - - - 3 3 of 4 5 of 8 LLC, Defendants - - - x No.: 700762/2019 to 12/02/2019 [* 4] FILED: QUEENS COUNTY CLERK 12/04/2019 02:33 PM FILED: NYSCEF NYSCEF DOC.QUEENS NO. 76 DOC. NO. COU EFY 12/02/2019 CLEFGC 02:19 RECEIVED that ORDERED, supplemental this Concrete, service to on the the to verified and on entry with conformance remaining by in the Exhibit B, Buildingrite, the defendants further the serve as NYSCEF: is it complaint papers moving of notice in LLC, and amended with order directed is and annexed form of plaintiff summons proposed is NO. 700762/2019 RECEIVED NYSCEF: 12/04/2019 PN 75 ; copy Rise INDEX NO. 700762/2019 INDEX CPLR's regular with a LLC and rules of mail; and it further that ORDERED, Concrete, LLC, complaint within the shall defendants days 20 Buildingrite, an serve from answer to of the date will be and LLC, amended the said Rise verified and service; it further that ORDERED, of service and proof the thereof supplemental Dated: CPLR are November Island 26, summons filed and summons Long 306-b supplemental satisfied and within amended days 120 complaint. amended 2019 City, N.Y. ROBERT J.S.C. 4 4 of 4 6 of 8 J. of so long complaint filing as occurs the is 12/02/2019

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