Kozhukhar v Gramercy Park Residence Corp.

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Kozhukhar v Gramercy Park Residence Corp. 2023 NY Slip Op 33826(U) October 27, 2023 Supreme Court, New York County Docket Number: Index No. 158376/2022 Judge: Mary V. Rosado 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. 158376/2022 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/27/2023 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: PART HON. MARY V . ROSADO 33M Justi ce - - -- - - - -- -- - - -- -- ---X ANORII KOZHUKHAR, INDEX NO. MOTION DATE Plaintiff, 158376/2022 05/09/20~ MOTION SEQ. NO. _ __:0,;0"'3'---- • V. GRAMERCY PARK RESIDENCE CORP., J & C LAMB MANAGEMENT CORP. , TROJAN IN TERIORS INC. ,LCP MANAGEMENT CORP , WORLD CLASS DEMOLITION CORPORATION , WCD SERVICES CORP, WORLD CLASS CONTRACTING GROUP INC..LOWER MANHATTAN GASTROENTEROLOGY GROUP. P.C..LAWRENCE OTTAVIANO DECISION + ORDER ON MOTION Defendant. · - -- - - - -X The following e-filed documents, listed by NYSCEF document number (Motion 003) 64, 65, 66, 67 were read on this motion to/for AMEND CAPTION/PLEADINGS Upon the Coregoing documents, there being no oppositi on, and good cause having been shown, Plaintiff Andrii KozhukJ1ar's (" Plaintiff'') motion for an Order amending the caption, Second Supplemental Summons and Second Amended Verified Complaint herein to add a new defendant, AL. Electrical Corp. ('"A.L."), is granted. Leave to amend pleadings is [reely granted in the absence of prejudice if the proposed amendment is not palpably insuf'licicnt as a matter of law (Mc,shinksy v Drescher, 188 AD3d 465 11st Dept 2020]). A party opposing a motion to amend must demonstrate that it would he substantially prejudiced by the amendment, or the amendments arc patently devoid of merit (Greenburgh Eleven U11ion Free School Dist. VNatio11al Union Fire J11s. Co., 298 AD2d 180, 181 11 sl Dept 2002]). Delay alone is not sufficient to deny leave to amend (Johnson v Momejiore Medical Center, 203 AD3d 462 I I SI Dept 2022]). 158376/2022 KOZHUKHAR, ANDRII vs. GRAMERCY PARK RESIOENCE CORP. ET AL Motion No. 003 [* 1] 1 of 4 Page 1 of 4 INDEX NO. 158376/2022 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/27/2023 Herc, there is no opposition to Plaintifrs motion seeking to add A.L. as an additional defendant, and no party has shown how they might be prejudiced by allowing Plaintiff to amend the Second Supplemental Summons and Second Amended Verified Complaint herein. Therefore, Plaintiff s motion to amend the caption, Second Supplementa l Summons and Second Amended Verified Complaint herei n is granted. Accordingly, ii is hereby, ORDERF.O that Plaintiff A.ndrii Kozhukhar's motion for an Order amending the caption, Second Supplemental Summons and Second Amended Verified Complaint herein to add A.I.. Electrical Corp. as an additional defendant, is grnnted; and it is funher ORDERED that Plaintiff's Third Supplemental Summons and Third Amended Complaint annexed as Exhibit R to Plaintiff's moving papers (N YS CEF Doc. 67) shall be deemed served upon Defendants upon service of a copy of this Order with nolice o f enlry thereof; and it is further OR DERED that Plaintiff shall serve the newly added defendant, AL. Electri cal Corp., pursuant to the directives of the CPLR; and it is funhcr ORDERED that Defendant A.I.. Electrical Corp. shall serve an answer to the Third Amended Complaint or otherwise respond thereto within 20 days from the date of said service; and it is further [The remainder of rhis page is intenlional/y left blank] 1 58376/2022 KOZHUKHAR, A NORII Motion No. 003 [* 2] vs. G RAMERCY PARK RESIDENCE CORP. ET A L 2 of 4 Page 2 of 4 INDEX NO. 158376/2022 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/27/2023 ORDERED that this action shall bear the following caption: SUPRF.:v! E COURT OF THE STATE OF NEW YORK COUNTY OF NFW YORK ·······-------------------·········-···----------------·-···-·--·-·-X ANDRII KOZHUKIIAR, Plaintiff -againstGRAMERCY PARK RF.SIDENCE CORP., J & C LAMR MANAGEMENT CORP., TROJAK INTERIORS INC., LCP MANAGEYIENT CORP., WORLD CLASS DE'.'vfOLITION CORPORAT!Ol\, WCO SERVICES CORP, WORLD CLASS CONTRACTING GROUP INC., DR. LA WR.El\CE OTTA VIAl\0, LO\VER MAN HA TI"AN GASTROF.1'.-rEROLOGY GROUP, P.C. and A.L. ELECTRICAL CORP., Defendants. --------------------------------------------------------------------X And it is further; ORDERED that on or before December 19, 2023, the pa11ies shal l submit a proposed Compliance Conference Order via e-mail to SFC-Pan33-Clerk@nycourts.gov. If the parties are unable to agree 10 a proposed Compliance Conference Order, the parties arc directed to appear for an in-person compliance conference on December 20, 2023 at 9:30 a.m. in Room 442, 60 Centre Street, New York, New York; and it is further I'01e remainder ofthis page is intenrionalfy lr!fi b/unkJ 158376/2022 KOZHUKHAR, ANORll vs. GRAMERCY PARK RESIDENCE CORP, ET Al Motion No. 003 [* 3] 3 of 4 Page 3of4 INDEX NO. 158376/2022 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/27/2023 ORDERED that within IO days of entry, counsel for Plaintiff Amlrii Kozhukhar shall serve a copy of this Order, with notice of entry, on all pa1ties to thi s action; and it is further ORDERED that the Clerk of the Court is directed to enter judgment accordingly. This constitutes the Decision and Order of the Court. 10127/2023 DATE CHECK ONE: HON. MA Y V. ROSADO, J.S.C. CASE DISPOSED GRA>ITED NON,flNAL DISPOSTTION DENIED GRANTED IN PART APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFERJREASSIGN FIDUCIARY A.PPOINTMfNT 15837612022 KOZHUKHAR, ANORII vs. GRAMERCY PARK RESIDENCE CORP. ET AL Motion No. 003 [* 4] 4 of 4 OTHER REFERENCE Page 4 o f 4

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