Guzman v Rozenberg

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Guzman v Rozenberg 2022 NY Slip Op 30656(U) March 3, 2022 Supreme Court, New York County Docket Number: Index No. 158996/2020 Judge: J. Machelle Sweeting 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. [*FILED: 1] NEW YORK COUNTY CLERK 03/03/2022 04:13 PM NYSCEF DOC. NO. 41 INDEX NO. 158996/2020 RECEIVED NYSCEF: 03/03/2022 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: PART HON. J. MACHELLE SWEETING Justice ---------------------------------------------------------------------------------X RICHARD GUZMAN, INDEX NO. MOTION DATE Plaintiff, 62 158996/2020 10/27/2021 001 MOTION SEQ. NO. -vMICHAEL ROZENBERG, VIVIAN ROZENBERG, YENNISA MARTE, DECISION + ORDER ON MOTION Defendants. ---------------------------------------------------------------------------------X MICHAEL ROZENBERG, VIVIAN ROZENBERG Third-Party Index No. 595750/2021 Plaintiffs, -againstTHE CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF TRANSPORTATION Defendants. --------------------------------------------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 001) 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 35, 36, 37, 38 were read on this motion to/for CONSOLIDATE/JOIN FOR TRIAL . Pending before the court is a motion filed by defendants/third-party plaintiffs MICHAEL A. ROZENBERG and VIVIAN J. ROZENBERG seeking an order directing that the instant action (“Action 1”) be consolidated for joint discovery and trial with Yennisa Cabral Marte vs. Michael A. Rozenberg et al., Index No. 157425/2021 (“Action 2”), and that each matter retain its own index number. No opposition was filed to this motion. 158996/2020 GUZMAN, RICHARD vs. ROZENBERG, MICHAEL A Motion No. 001 1 of 4 Page 1 of 4 [*FILED: 2] NEW YORK COUNTY CLERK 03/03/2022 04:13 PM NYSCEF DOC. NO. 41 INDEX NO. 158996/2020 RECEIVED NYSCEF: 03/03/2022 On January 31, 2022, counsel for third-party defendants THE CITY OF NEW YORK and the NEW YORK CITY DEPARTMENT OF TRANSPORTATION informed the court in writing that no opposition was intended. On February 6, 2022, counsel for defendant YENNISA MARTE did the same. Counsel for plaintiff did not reply to courtesy emails from the court, sent on January 31, 2022, February 7, 2022 and February 14, 2022. Accordingly, plaintiff is presumed to also have no opposition to this motion. Accordingly, it is hereby ORDERED that the motion is GRANTED, without opposition, and that Action 1 and Action 2 are consolidated for joint discovery and trial; and it is further ORDERED that the Clerk of the Court is directed to amend the caption to reflect the substitution of the parties and consolidation as follows: 158996/2020 GUZMAN, RICHARD vs. ROZENBERG, MICHAEL A Motion No. 001 2 of 4 Page 2 of 4 [*FILED: 3] NEW YORK COUNTY CLERK 03/03/2022 04:13 PM NYSCEF DOC. NO. 41 INDEX NO. 158996/2020 RECEIVED NYSCEF: 03/03/2022 ---------------------------------------------------------------------------------X INDEX NO. 158996/2020 RICHARD GUZMAN, Plaintiff, -vMICHAEL ROZENBERG, VIVIAN ROZENBERG, YENNISA MARTE, Defendants. -----------------------------------------------------------------------------X MICHAEL ROZENBERG, VIVIAN ROZENBERG Third-Party Index No. 595750/2021 Plaintiffs, -againstTHE CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF TRANSPORTATION Defendants. ----------------------------------------------------------------------------X INDEX NO. YENNISA CABRAL MARTE, 157425/2021 Plaintiffs, -vMICHAEL ROZENBERG, VIVIAN ROZENBERG, Defendants. ------------------------------------------------------------------------------------ X and; 158996/2020 GUZMAN, RICHARD vs. ROZENBERG, MICHAEL A Motion No. 001 3 of 4 Page 3 of 4 [*FILED: 4] NEW YORK COUNTY CLERK 03/03/2022 04:13 PM NYSCEF DOC. NO. 41 INDEX NO. 158996/2020 RECEIVED NYSCEF: 03/03/2022 It is further hereby ORDERED that the movants shall serve a copy of this Order with Notice of Entry by regular mail on all parties and the persons entitled to notice, including the Clerk of the Court. This constitutes the decision and order of the court. 3/3/2022 DATE $SIG$ J. MACHELLE SWEETING, J.S.C. CHECK ONE: CASE DISPOSED X GRANTED X DENIED NON-FINAL DISPOSITION GRANTED IN PART APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT 158996/2020 GUZMAN, RICHARD vs. ROZENBERG, MICHAEL A Motion No. 001 4 of 4 • • OTHER REFERENCE Page 4 of 4

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