Opinion
Index Nos. 24376/2018E 24376/2018E
03-02-2021
JAN S. RADY, Plaintiff, v. MARITZA SANTANA, JOSE VEGA and "JOHN DOE" Defendants. MARITZA SANTANA, Third-Party Plaintiff, v. JOSE VEGA and "JOHN DOE", Third-Party Defendants. ELIYAHU MIZRACHI, Plaintiff, v. JOSE VEGA, MARITZA SANTANA and SAADOON JAN RADY, Defendants
Unpublished Opinion
HON. MARY ANN BRIGANTTI JUDGE.
Defendant/ Third-Party Plaintiff, MARITZA SANTANA, moves to consolidate the above-entitled actions for joint trial and discovery, and related relief. These actions were brought to recover damages for alleged personal injuries, and/or property damage, sustained by Plaintiffs, respectively, in the same multi-vehicle car accident which occurred on, or about, June 11, 2017, in the County of Bronx, NY.
CPLR § 602 "Consolidation" provides that:
"(a) Generally. When actions involving a common question of law or fact are pending before a court, the court, upon motion, may order a joint trial of any or all the matters in issue, may order the actions consolidated, and may make such other orders concerning proceedings therein as may tend to avoid unnecessary costs or delay." [emphasis added]
Accordingly, the motion is granted to the extent that the actions shall be tried jointly, with the remaining pretrial proceedings, including discovery conferences, to be held jointly, because all actions arise from the same motor vehicle accident and so involve common questions of fact and law.
Thus, the above-entitled action, Mizrachi v Vega, Suffolk County Supreme Court Index No. 606912/2020, is removed, from Suffolk Supreme Court, to the Bronx Supreme Court, where future proceedings shall be held. CPLR § 602(b) provides that: "Cases pending in different courts. Where an action is pending in the supreme court it may, upon motion, remove to itself an action pending in another court and consolidate it or have it tried together with that in the supreme court".
Further, CPLR R 511(d) "Change of place of trial" provides that:
"Upon filing of consent by the plaintiff or entry of an order changing the place of trial by the clerk of the county from which it is changed, the clerk shall forthwith deliver to the clerk of the county to which it is changed all papers filed in the action and certified copies of all minutes and entries, which shall be filed, entered or recorded, as the case requires, in the office
of the latter clerk. Subsequent proceedings shall be had in the county to which the change is made as if it had been designated originally as the place of trial, except as otherwise directed by the court." [emphasis added]
Thus, the Clerk of the Suffolk Supreme Court, upon receipt of a certified copy of this Order, shall transfer all papers on file in the action bearing the caption Mizrachi v Vega, Suffolk Index No. 606912/2020, to the Clerk of the Bronx Supreme Court, upon payment of proper fees, if any.
Upon receipt of a copy of this Order with notice of entry, the Bronx County Clerk shall assign a Bronx Supreme Court Index Number to the aforesaid action entitled Mizrachi v Vega; and Plaintiff therein shall forthwith file, and serve, an RJI, if this has not already been done.
The caption may read as follows:
However, there shall be a separate Note of Issue and Certificate of Readiness filed in each action. The pleadings in the actions hereby consolidated for joint trial and discovery shall continue to stand as the pleadings. The trial judge may determine the sequence of proceedings attrial, and grant such other relief as is deemed just.
Movant shall forthwith serve a copy of this Order, with Notice of Entry: upon all of the parties in each action; as well as upon the Clerk of the Bronx Supreme Court in the Motion Support Office (Room 217), the Bronx County Clerk (Room 118), and the appropriate Clerk in the Suffolk Supreme Court, who shall mark their records to reflect the consolidation for joint trial and discovery as set forth herein, The Court has scheduled a Pretrial Conference on April 27, 2021, in Part 15, in "Action No. 1", and the parties shall review this Parts amended rules for procedures governing conference appearances. This conference may include issues regarding discovery compliance, since it appears that the case of Mizrachi v Vega, is in its early stages of discovery. All parties shall participate therein, and in all future court conferences, which shall be held jointly; and the parties shall stipulate in good faith to the completion of discovery in an expedited fashion.
This constitutes the decision and order of this Court.