S&S Kings Corp. v Westchester Fire Ins. Co.

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S&S Kings Corp. v Westchester Fire Ins. Co. 2022 NY Slip Op 33500(U) October 14, 2022 Supreme Court, New York County Docket Number: Index No. 650740/2017 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. INDEX NO. 650740/2017 [FILED: NEW YORK COUNTY CLERK 10/14/2022 12:25 P~ NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/14/2022 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: PART HON. DEBRA A. JAMES 59 Justice ----------------------------------------------------------------- ----------------X S&S KINGS CORP., 650740/2017 INDEX NO. 10/14/2022 MOTION DATE Plaintiff, MOTION SEQ. NO. 001 - V - DECISION + ORDER ON MOTION WESTCHESTER FIRE INSURANCE COMPANY, Defendant. ------------------------------------------------------------------- --------------X The following e-filed documents, listed by NYSCEF document number (Motion 001) 15, 16, 17, 18, 19, 20,21,22,23,24,25,26,27,28,29 were read on this motion to/for VACATE NOTE OF ISSUE ORDER Upon the foregoing documents, it is ORDERED that the motion of defendant to vacate the note of issue is granted and the note of issue is vacated and the case is stricken from the trial calendar; and it is further ORDERED that all further discovery in this matter shall be completed within sixty (60) days from service of a copy of this order with notice of entry; and it is further ORDERED that the parties shall post on NYSCEF a proposed status conference order or proposed competing status conference orders at least two days before the date set for the discovery status conference in the related case, Inc v S&S Kings Corp, 651927/2017i, 1 of 4 S&N Builders, on which date counsel shall 650740/2017 S&S KINGS CORP. vs. WESTCHESTER FIRE INSURANCE Motion No. 001 [* 1] captioned, Page 1 of4 INDEX NO. 650740/2017 [FILED: NEW YORK COUNTY CLERK 10/14/2022 12:25 P~ NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/14/2022 appear via Microsoft Teams, unless such appearance be waived by the court; and it is further ORDERED that, within fifteen (15) days from the entry of this order, movant shall serve a copy of this order with notice of entry on all parties and upon the Clerk of the General Clerk's Office (60 Centre Street, Room 119), who is hereby directed to strike the case from the trial calendar and make all required notations thereof in the records of the court; and it is further ORDERED that, within fifteen discovery as hereinabove directed, (15) days from completion of the plaintiff shall cause the action to be placed upon the trial calendar by the filing of a new note of issue and certificate of readiness (for which no fee shall be imposed), to which shall be attached a copy of this order; and it is further ORDERED that such filing upon the Clerk of the General Clerk's Office shall be made in accordance with the procedures set forth in the Protocol on Courthouse Electronically Filed Cases and County Clerk Procedures for (accessible at the "E-Filing" page on the court's website at the address www.nycourts.gov/supctmanh) DECISION It is evident that neither party in this action has complied with the discovery directives or before June 15, 2020) (for e.g., depositions on set forth in this Court's discovery compliance conference order dated March 10, 2020 650740/2017 S&S KINGS CORP. vs. WESTCHESTER FIRE INSURANCE Motion No. 001 [* 2] 2 of 4 (five days Page 2 of 4 INDEX NO. 650740/2017 !FILED: NEW YORK COUNTY CLERK 10/14/2022 12: 25 PM! NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/14/2022 before the global pandemic shutdown). (NYSCEF Document No. 12). Thus, as plaintiff filed a materially inaccurate Certificate of Readiness, the Note of Issue shall be vacated pursuant to 22 NYCRR § 202.21(e). J)-~ .A - } ~ 20221014113253DJAMES7F6C22A743AE4BDBBEA35729AC2DB532 10/14/2022 DATE CHECK ONE: DEBRA A. JAMES, J.S.C. CASE DISPOSED GRANTED • NON-FINAL DISPOSITION GRANTED IN PART DENIED APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT • • OTHER REFERENCE iAn orderto consolidate (to consolidate captions or for joint discovery and trial), which states: ORDERED that the motion is granted and the above-captioned action is consolidated in this Court with _____ vs. _ _ _ _ , Index No. _ _ _ _ , pending in this Court; and it is further ORDERED that the consolidation shall take place under Index No. _____ and the consolidated action shall bear the following caption: Plaintiffs, -against- Defendants. 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 further 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 650740/2017 S&S KINGS CORP. vs. WESTCHESTER FIRE INSURANCE Motion No. 001 [* 3] 3 of 4 Page 3 of 4 [FILED: NEW YORK COUNTY CLERK 10/14/2022 12:25 P~ NYSCEF DOC. NO. 30 INDEX NO. 650740/2017 RECEIVED NYSCEF: 10/14/2022 ORDERED that service of this order upon the Clerk of the Court 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 e-filing 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 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. can be issued only upon notice of motion pursuant to CPLR § 602(a), and the parties may stipulate to such relief upon the filing of such motion. 650740/2017 S&S KINGS CORP. vs. WESTCHESTER FIRE INSURANCE Motion No. 001 [* 4] 4 of 4 Page4of4

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