Gammon Enters. v Tessler

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Gammon Enters. v Tessler 2021 NY Slip Op 31639(U) May 12, 2021 Supreme Court, New York County Docket Number: 651937/2021 Judge: Debra A. James 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. 651937/2021 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 05/13/2021 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: IAS MOTION 59EFM PART HON. DEBRA A. JAMES Justice ·-------------------------------------------------------X GAMMON ENTERPRISES, LLC INDEX NO. 65193712021 MOTION DATE Plaintiff, MOTION SEQ. NO. 4/29/2021 001 -vDECISION + ORDER ON MOTION YITZCHAK TESSLER, Defendant. --------------------------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 001) 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 CONSOLIDATE were read on th is motion to Upon the foregoing documents, it is ORDERED that the motion is granted and the above-captioned action is consolidated in this Court with Tessler Developments, LLC vs. Gammon Enterprises, Index No. 151685/2021, pending in tpis Court; and it is further No. ORDERED that the consolida~ion 151685/2021 the and shall take place under Index consolidated action shall bear following caption: 65193712021 GAMMON ENTERPRISES, LLC vs. TESSLER, YITZCHAK Motion No. 001 1 of 4 Page 1 of4 the [* 2] INDEX NO. 651937/2021 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 05/13/2021 SUPRE"IE COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------x TESSLER DEVELOPMENTS, LLC Plaintiff, Index No. 151685/2021 . (Action No. 1) -againstGAMMON ENTERPRISES, LLC, Defendant. ----------------------------------~-~--x GAMMON ENTERPRISES, LLC, Plair:tiff, Index No. 651937/2021 (Action No. 2) -againstYITZC~AK TESSLER, De:'endant. ---------------------------------------x 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 65193712021 GAMMON ENTERPRISES, LLC vs. TESSLER, YITZCHAK Motion No. 001 2 of 4 furth~r Page 2 of4 [* 3] INDEX NO. 651937/2021 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 05/13/2021 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 Coutt shall be made in hard-copy format if this action is a hard-copy matter or, if it is an e-filed case, 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 efiling 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 ORDERED that such service upon the Clerk of the General Clerk's Office shall be made in hard-copy format if this action is 651937/2021 GAMMON ENTERPRISES, LLC vs. TESSLER, YITZCHAK Motion No. 001 3 of 4 Page 3 of 4 [* 4] INDEX NO. 651937/2021 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 05/13/2021 a hard-copy matter or, if it is an e-filed case, shall be made in accordance with the procedures set forth in the aforesaid Protocol; and it is further ORDERED that counsel preliminary conference shall order or post proposed to NYSCEF a proposed competing preliminary conference order on or before June 14, 2021. 511212021 DATE CHECK ONE: § CASE DISPOSED GRANTED APPLICATION: CHECK IF APPROPRIATE: D DENIED SETTLE ORDER INCLUDES TRANSFERJRl!ASSIGN 65193712021 GAMMON ENTERPRISES, LLC Motion No. 001 vs. TESSLER, YITZCHAK 4 of 4 D D OTHER REFERENCE Page4of4

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