Lindo v 1199 Hous. Corp.

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Lindo v 1199 Hous. Corp. 2023 NY Slip Op 32985(U) August 28, 2023 Supreme Court, New York County Docket Number: Index No. 151297/2021 Judge: Frank P. Nervo 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. 151297/2021 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 08/29/2023 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: PART HON. FRANK P. NERVO Justice ---------------------------------------------------------------------------------X RACHARD LINDO, INDEX NO. MOTION DATE Plaintiff, 04 151297/2021 03/29/2023 001 MOTION SEQ. NO. -v1199 HOUSING CORPORATION, METRO MANAGEMENT & DEVELOPMENT, INC.,SKYLINE RESTORATION INC.,SPRING SCAFFOLDING LLC,THE CITY OF NEW YORK, MARION SCOTT REAL ESTATE, INC.,ONETEAM RESTORATION, INC.,ALL CITY RESTORATION INC., DECISION + ORDER ON MOTION Defendant. ---------------------------------------------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 001) 78, 79, 80, 81, 82, 83, 84, 85, 86, 95 were read on this motion to/for AMEND CAPTION/PLEADINGS . Plaintiff seeks an order pursuant to CPLR § 3025 granting leave to amend the complaint to add certain parties as defendants and remove other parties as defendants. The motion is opposed. CPLR § 3025(b) governs permissive leave to amend a pleading upon terms which are just. Leave is to be freely given absent a showing that amendment would cause surprise or prejudice (Fahey v. County of Ontario, 44 NY2d 934 [1978]; 170 W. Vil. Assoc. v. G & E Realty, Inc., 56 AD3d 372 [1st Dept 2008]; Lanpont v. Savvas Cab Corp., Inc., 244 AD2d 208 [1st Dept 1997]). However, “[i]n order to conserve judicial resources, an examination of the underlying 151297/2021 LINDO, RACHARD vs. 1199 HOUSING CORPORATION ET AL Motion No. 001 [* 1] 1 of 4 Page 1 of 4 INDEX NO. 151297/2021 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 08/29/2023 merits of the proposed causes of action is warranted. Where a court concludes that an application to amend a pleading clearly lacks merit, leave is properly denied” (Eight Ave. Garage Corp. v. HKL Realty Corp, 60 AD3d 404 [1st Dept 2009] [internal citation omitted]). Here, the motion is unopposed. All City Restoration and Oneteam Restoration defendants are necessary to afford complete relief, and their addition to this labor law matter is neither surprising nor prejudicial given their alleged involvement at the accident site. Removal of Metro Management as a defendant is likewise proper. Plaintiff’s proposed pleading does not clearly lack merit. Accordingly, ORDERED that the motion is granted without opposition; and it is further ORDERED that the amended summons and complaint is deemed served upon answering defendants nunc pro tunc; and it is further ORDERED that the caption in this matter, under Index No. 151297/2021, 151297/2021 LINDO, RACHARD vs. 1199 HOUSING CORPORATION ET AL Motion No. 001 [* 2] 2 of 4 Page 2 of 4 INDEX NO. 151297/2021 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 08/29/2023 shall be amended to read: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------------X RACHARD LINDO, Plaintiff, -against1199 HOUSING CORPORATION, SKYLINE RESTORATION, INC., SPRING SCAFFOLDING LLC, THE CITY OF NEW YORK, MARION SCOTT REAL ESTATE, INC., ONETEAM RESTORATION INC. and ALL CITY RESTORATION INC., Defendants. ----------------------------------------------------------------------X ; and it is further ORDERED that within ten days of its entry by the Clerk, Plaintiff shall serve a copy of this order with notice of entry on the County Clerk and the Clerk of the Trial Support Office, and it is further ORDERED that upon service on the County Clerk and Clerk of the Trial Support Office, the County Clerk and the Clerk of the Trial Support Office shall amend their records to reflect the above caption change; and it is further 151297/2021 LINDO, RACHARD vs. 1199 HOUSING CORPORATION ET AL Motion No. 001 [* 3] 3 of 4 Page 3 of 4 INDEX NO. 151297/2021 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 08/29/2023 ORDERED that plaintiff shall serve the amended summons and complaint, annexed as exhibit A (NYSCEF Doc. No. 80), upon nonappearing/answering defendants within 20 days of this decision and order; and it is further ORDERED that all parties shall familiarize themselves with the Part Rules, available on the Court’s website; and it is further ORDERED that following service of the amended summons and complaint, and any answers thereto, all parties shall confer and file, as appropriate, a joint-letter/proposed discovery order via NYSCEF with courtesy copy to chambers within 60 days of this order. Failure to timely file a proposed discovery order may constitute waiver of discovery THIS CONSTITUTES THE DECISION AND ORDER 8/28/2023 DATE THE COURT $SIG$ CHECK ONE: CASE DISPOSED X GRANTED X DENIED APPLICATION: SETTLE ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN NON-FINAL DISPOSITION GRANTED IN PART SUBMIT ORDER FIDUCIARY APPOINTMENT 151297/2021 LINDO, RACHARD vs. 1199 HOUSING CORPORATION ET AL Motion No. 001 [* 4] OF 4 of 4 J.S.C. OTHER REFERENCE Page 4 of 4

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