Hopkinson Assoc. LLC v Robinson & Miller Offset Corp.

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Hopkinson Assoc. LLC v Robinson & Miller Offset Corp. 2023 NY Slip Op 33232(U) September 18, 2023 Supreme Court, New York County Docket Number: Index No. 653212/2022 Judge: Arlene P. Bluth 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. 653212/2022 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 09/18/2023 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: PART HON. ARLENE P. BLUTH Justice ---------------------------------------------------------------------------------X HOPKINSON ASSOCIATES LLC, INDEX NO. MOTION DATE Plaintiff, 14 653212/2022 09/15/2023 MOTION SEQ. NO. 001 -vDECISION + ORDER ON MOTION ROBINSON & MILLER OFFSET CORP., Defendant. ---------------------------------------------------------------------------------X ROBINSON & MILLER OFFSET CORP. Third-Party Index No. 595917/2022 Plaintiff, -againstGIGANTIC STUDIOS, LLC, JONATHAN GRAY, BRIAN DEVINE, PEACEABLE ASSEMBLY, LLC, GRAY KRAUSS STRATFORD SANDLER DES ROCHERS LLP Defendant. --------------------------------------------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 001) 28, 29, 30, 31, 32, 33, 34, 35 were read on this motion to/for JOIN FOR TRIAL . Third-party defendants Peaceable Assembly LLC and Gigantic Studios LLC (collectively, “Movants”)’s motion to join this matter for trial with another action is granted. Background In this action, plaintiff (a brokerage firm) operated by Steven Jacobson seeks to recover a brokerage commission from defendant, the owner of real property in Manhattan, in connection with a rental lease agreement. Defendant then filed a third-party complaint against the various tenants and guarantors for the property on the ground that plaintiff claims it acted as a broker on 653212/2022 HOPKINSON ASSOCIATES LLC vs. ROBINSON & MILLER OFFSET CORP. Motion No. 001 [* 1] 1 of 5 Page 1 of 5 INDEX NO. 653212/2022 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 09/18/2023 behalf of the third-party defendants. Defendant’s theory is that it should be indemnified by the third-party defendants to the extent that plaintiff is entitled to a commission. In the related action, 653406/2023, Movants (certain tenants at the building) commenced a case against plaintiff and Mr. Jacobson. They claim that they hired Mr. Jacobson as their attorney in connection with a lease renewal for the subject property and that he was to be paid a flat fee discussed in their retainer agreement. Movants argue that Mr. Jacobson secretly went to the landlord (defendant in the instant action) to seek a broker’s commission despite the fact that Movants never agreed to hire him as a broker. Movants now seek to consolidate both actions as they arise out of the same set of facts. In opposition, plaintiff argues that the causes of action are different and that the instant action has already progressed in discovery. Discussion “CPLR 602(a) gives the trial court discretion to consolidate actions involving common questions of law or fact. Although great deference is to be accorded to the motion court's discretion there is a preference for consolidation in the interest of judicial economy and ease of decision-making where there are common questions of law and fact, unless the party opposing the motion demonstrates that consolidation will prejudice a substantial right” (Progressive Ins. Co. v Vasquez, 10 AD3d 518, 519, 782 NYS2d 21 [1st Dept 2004] [citations omitted]). The Court grants the motion. The two actions clearly arise out of the same questions of fact. They both involve plaintiff’s role as an alleged broker relating to the same lease renewal. And it involves similar, although not identical, legal questions surrounding whether or not a commission should be awarded. 653212/2022 HOPKINSON ASSOCIATES LLC vs. ROBINSON & MILLER OFFSET CORP. Motion No. 001 [* 2] 2 of 5 Page 2 of 5 INDEX NO. 653212/2022 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 09/18/2023 Given that depositions have not yet been held in the instant action, there is little prejudice to any party. In fact, it would be most efficient to join these cases for discovery and trial. That way, the parties can avoid incurring expenses in two parallel cases and having to take duplicative depositions. Plaintiff did not sufficiently establish what prejudice it would suffer if the Court were to grant the motion. Accordingly, it is hereby ORDERED that third-party defendants Peaceable Assembly LLC and Gigantic Studios LLC’s motion is granted and this matter is joined for discovery and trial with the action under 653406/2023; and it is further ORDERED that these cases shall be joined for discovery and trial before Justice Bluth in Part 14; and it is further ORDERED that the discovery in both actions shall proceed together; and it is further ORDERED that within 45 days from entry of this order, counsel for the movant shall serve a copy of this decision and order with notice of entry upon the Clerk of the Trial Support Office (Room 158) and the County Clerk (Room 141B) via e-filing and these offices are hereby directed to mark the court’s records to reflect that these cases are joined for trial; and it is further ORDERED that the caption of the joined action will be: 653212/2022 HOPKINSON ASSOCIATES LLC vs. ROBINSON & MILLER OFFSET CORP. Motion No. 001 [* 3] 3 of 5 Page 3 of 5 INDEX NO. 653212/2022 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 09/18/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: PART 14 ------------------------------------------------------------------------ X HOPKINSON ASSOCIATES LLC, Plaintiff, Index No. 653212/2022 -vROBINSON & MILLER OFFSET CORP., Defendant. ------------------------------------------------------------------------ X ROBINSON & MILLER OFFSET CORP. Third-Party Plaintiff, -vGIGANTIC STUDIOS, LLC, JONATHAN GRAY, BRIAN K. DEVINE, PEACEABLE ASSEMBLY, LLC, GRAY KRAUSS STRATFORD SANDLER DES ROCHERS LLP Third- Party Defendants. ------------------------------------------------------------------------ X GIGANTIC STUDIOS, LLC, PEACEABLE ASSEMBLY, LLC, Plaintiffs, Index No. 653406/2023 -vHOPKINSON ASSOCIATES LLC, STEVEN JACOBSON Defendants. ------------------------------------------------------------------------ X ; and it is further 653212/2022 HOPKINSON ASSOCIATES LLC vs. ROBINSON & MILLER OFFSET CORP. Motion No. 001 [* 4] 4 of 5 Page 4 of 5 INDEX NO. 653212/2022 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 09/18/2023 ORDERED that such service upon the County Clerk and the Clerk of the General Clerk’s Office 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)]. Conference: (see NYSCEF Doc. No. 26). 9/18/2023 DATE $SIG$ ARLENE P. BLUTH, 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 653212/2022 HOPKINSON ASSOCIATES LLC vs. ROBINSON & MILLER OFFSET CORP. Motion No. 001 [* 5] 5 of 5 OTHER REFERENCE Page 5 of 5

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