Opinion
INDEX 158012/2019
02-14-2022
HARVEY RODRIGUEZ, Plaintiff, v. S AND A 206 REALTY LLC, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC, NATIONAL GRID ELECTRIC SERVICES LLC, THE CITY OF NEWYORK Defendant. MOTION SEQ. No. 002
Leslie Stroth Judge
Unpublished Opinion
MOTION DATE 12/09/2021
PRESENT: HON. LESLIE STROTH Justice
DECISION + ORDER ON MOTION
Leslie Stroth Judge
The following e-filed documents, listed by NYSCEF document number (Motion 002) 25, 26, 27, 28, 29, 30, 31, 32 were read on this motion to/for AMEND CAPTION/PLEADINGS.
The instant case involves personal injuries sustained in an alleged trip and fall accident on construction debris on February 28, 2019 in front of the premises located at 64 West 47th Street. (See Summons and Complaint, ¶¶ 29- 32). The parties previously stipulated to discontinue its action as against defendants S and A 206 Realty LLC and National Grid Electric Services LLC, leaving only the City of New York and Consolidated Edison Company of New York as defendants. (See NYSCEF document numbers 10, 12). Plaintiff then moved for leave to serve a Supplemental Summons and Amended Complaint (motion seq. no. 002) to add additional defendants. By Order dated October 1, 2021, the Court denied plaintiffs first motion for such relief, as no factual basis and/or supporting documentation was submitted to demonstrate that the proposed defendants may be liable for plaintiffs accident and resultant injuries. (See Plaintiffs Exhibit D).
Pending before the Court is plaintiffs second motion for leave to serve a Supplemental' Summons and Amended Complaint to add seven additional defendants: (1) the Diamond & Jewelry Industry Commercial Condominium, (2) the Board of Managers of the Diamond & Jewelry Industry Commercial Condominium, (3) 62 West 47th Street Trust, (4) Michael Nektalov, as trustee of the 62 West 47 Street Trust, (5) David Nektalov, as trustee of the 62 West 47 Street Trust, (6) 64 West 47th Street LLC, (6) 66 W. 47th St., LLC, (7) Newmark Knight Frank Global Management Services, LLC.
Plaintiff argues that all of these entities may be responsible, in whole or in part, for plaintiffs accident and resultant injuries. In support of its motion, plaintiff submits the deed and the deed search for the subject premises (See Plaintiffs Exhibit C). The first six proposed defendants are reflected on the 2021- 2022 final tax assessment and other documents annexed to the deed search of the subject premises. (Id.) With respect to the seventh proposed defendant, plaintiffs attorney affirms that he personally conducted a site inspection of the subject premises, which revealed that Newmark Knight Frank Global Management Services, LLC is the managing agent of the premises. (See Notice of Motion, Schatz Affirmation at | 8). Plaintiffs attorney also affirms that he confirmed Newmark Knight Frank Global Management Services, LLC's status as the premise's managing agent through a discussion with a tenant in the building. (Id.).
Plaintiffs supporting documents and attorney's affirmation, including personal knowledge, sufficiently demonstrate that the proposed amendments are not palpably insufficient or clearly devoid of merit. See MBIA Ins. Corp. v. Greystone & Co., Inc., 74 A.D.3d 499, 500 (1st Dept 2010). The existing defendants have not opposed the motion.
Accordingly, it is
ORDERED that the plaintiffs motion for leave to amend the complaint is granted; and it is further
ORDERED that the amended complaint, in the form annexed to the motion papers, shall be deemed served upon service of a copy of this order with notice of entry upon all parties who have appeared in the action; and it is further
ORDERED that a supplemental summons and amended complaint, in the form annexed to the motion papers, shall be served, in accordance with the Civil Practice Law and Rules, upon the additional parties in this action within 30 days after service of a copy of this order with notice of entry; and it is further
ORDERED that the action shall bear the following caption:
HARVEY RODRIGUEZ, Plaintiff,
- v -
CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., THE CITY OF NEW YORK, THE DIAMOND & JEWELRY INDUSTRY COMMERCIAL CONDOMINIUM, THE BOARD OF MANAGERS OF THE DIAMOND & JEWELRY INDUSTRY COMMERCIAL CONDOMINIUM, NEWMARK KNIGHT FRANK GLOBAL MANAGEMENT SERVICES, LLC, 62 WEST 47TH STREET TRUST, MICHAEL NEKTALOV, AS TRUSTEE OF THE 62 WEST 47 STREET TRUST, DAVID NEKTALOV, AS TRUSTEE OF THE 62 WEST 47 STREET TRUST, 64 WEST 47TH STREET LLC AND 66 W. 47TH ST., LLC Defendant.
And it is further
ORDERED that counsel for the moving party shall serve a copy of this order with notice of entry upon the County Clerk (60 Centre Street, Room 141B) and the Clerk of the General Clerk's Office (60 Centre Street, Room 119), who are directed to mark the court's records to reflect the parties being added pursuant hereto; and it is further
ORDERED that such service upon the County Clerk and the Clerk of the General Clerk Office shall be made in accordance with the procedures set forth in the Protocol on Courthom and County Clerk Procedures for Electronically Filed Cases (accessible at the "E-Filing" page o the court's website at the address (www.nycourts.gov/supctmanh)].