Opinion
Index Nos. 153526/2021 595428/2021 595532/2021 595700/2021 595694/2022 MOTION SEQ. No. 002
11-14-2022
KEAMESHA ECHEVARRIA, AS ADMINISTRATOR OF THE ESTATE OF GREGORY ECHEVARRIA, and KEAMESHA ECHEVARRIA INDIVIDUALLY, Plaintiff, v. SOHO BROOME CONDOS, LLC, 570 BROOME CONDOMINIUM, BOARD OF MANAGERS OF 570 BROOME CONDOMINIUM, KSK CONSTRUCTION GROUP LLC, AGIME GROUP LLC, AGIME GROUP LLC D/B/A 570 BROOME STREET-AGIME GROUP, COPPER SERVICES LLC, UNITED CRANE AND RIGGING SERVICES, INC, Defendant. KSK CONSTRUCTION GROUP LLC Plaintiff, v. CRANES EXPRESS, INC. Defendant. UNITED CRANE AND RIGGING SERVICES, INC Plaintiff, v. CRANES EXPRESS, INC., Defendant. COPPER SERVICES LLC Plaintiff, v. CRANES EXPRESS, INC. Defendant. SOHO BROOME CONDOS, LLC Plaintiff, v. CRANES EXPRESS, INC. Defendant.
Unpublished Opinion
MOTION DATE 08/09/2022
PRESENT: HON. WILLIAM FRANC PERRY Justice
AMENDED DECISION + ORDER ON MOTION
William Franc Perry Judge:
The following e-filed documents, listed by NYSCEF document number (Motion 002) 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 85, 86, 87, 88, 89 were read on this motion to/for PRO HAC VICE.
Upon the foregoing documents, the motion of Plaintiff Keamesha Echevarria ("Echevarria"), as Administrator of Gregory Echevarria ("Decedent"), and Echevarria, individually, for pro hac vice admission of Stephen M. Tunstall, Esq., is granted and the cross motion seeking to permit Sarah Ramirez to intervene in this action as a party plaintiff, is denied in its entirety.
The opposition and cross-motion to intervene by non-party Sarah Ramirez ("Ramirez") are without merit and procedurally improper. (NYSCEF Doc No. 63, Opposition.) The Hon. Carol R. Edmead, by decree dated June 28, 2022, issued Letters of Administration to Echevarria and revoked the Temporary Letters of Administration previously issued to both Echevarria and Ramirez. (NYSCEF Doc No. 55.) The Surrogate's Court ruling was a final determination by a court of concurrent jurisdiction, and this court will not disturb the Surrogate's Court ruling.
Moreover, cross-movant Ramirez' attempt to manufacture prejudice on this record, does not provide a basis to oppose plaintiff's motion for pro hac vice admission of Stephen M. Tunstall, Esq., and is belied by the caselaw she cites, which provides that "[t]he element of prejudice is totally unrelated to legal qualifications and the reasons for the enactments of the applicable statutes and rules." (18 Intl. v Interstate Express, 116 Misc.2d 66, 68 [Sup Ct, NY County 1982]; Opposition at ¶ 14.) "Since the movant has established the legal qualification, expertise, and good standing of Mr. [Tunstall, see NYSCEF Doc Nos. 60-61], and the opposition has offered no relevant facts to the contrary, the motion to admit Mr. [Tunstall] pro hac vice for the purposes of this litigation is granted." (18 Intl., 116 Misc.2d at 68.)
Additionally, this court finds no reason to disturb the Surrogate's Court ruling, revoking the Temporary Letters of Administration previously issued to both Echevarria and Ramirez, and appointing Keamesha Echevarria as the sole Administrator of the estate of Gregory Echevarria, the deceased. (NYSCEF Doc No. 55.)
Accordingly, it is hereby
ORDERED that the motion for leave to appear pro hac vice is granted and Stephen M. Tunstall, Esq. is permitted to appear and to participate in this action on behalf of Plaintiff Keamesha Echevarria, as Administrator of the Estate of Gregory Echevarria, and Keamesha Echevarria, individually, and it is further
ORDERED that he shall at all times during this action be associated with counsel who is a member in good standing of the Bar of the State of New York and is attorney of record for the aforesaid party; and it is further
ORDERED that all pleadings, briefs, and other papers filed with the court shall be signed by the attorney of record, who shall be responsible for such papers and for the conduct of this action; and it is further
ORDERED that, pursuant to Section 520.11 of the Rules of the Court of Appeals and Section 602.2 of the Rules of the Appellate Division, First Department, the attorney hereby admitted pro hac vice shall be familiar with and abide by the standards of professional conduct imposed upon members of the New York Bar, including the rules of the courts governing the conduct of attorneys and the Rules of Professional Conduct; and it is further
ORDERED that he shall be subject to the jurisdiction of the courts of the State of New York with respect to any acts occurring during the course of his participation in this matter; and it is further
ORDERED that said counsel shall notify the court immediately of any matter or event in this or any other jurisdiction that affects his standing as a member of the bar; and it is further
ORDERED that the cross-motion seeking to permit Sarah Ramirez to intervene in this action as a party plaintiff, is denied in its entirety; and it is further
ORDERED that the caption, all papers, pleadings, and proceedings in the above-entitled action be amended to reflect the name of KEAMESHA ECHEVARRIA as sole Administrator of the Estate of GREGORY ECHEVARRIA, deceased and Keamesha Echevarria, individually, as plaintiff in the place and stead of the plaintiffs, KEAMESHA ECHEVARRIA AND SARAH RAMIREZ AS LIMITED TEMPORARY CO-ADMINISTRATORS OF THE ESTATE OF GREGORY ECHEVARRIA, without prejudice to the proceedings heretofore had herein; and it is further
ORDERED that counsel for plaintiff shall serve a copy of this order with notice of entry upon the Clerk of the Court (60 Centre Street, Room 141B) and the Clerk of the General Clerk's Office (60 Centre Street, Room 119), who are directed to amend their records to reflect such change in the caption herein; and it is further
ORDERED that such service upon the Clerk of the Court 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 "EFiling" page on the court's website at the address www.nycourts.gov/supctmanh).