Opinion
Index No. 655053/2016
02-02-2017
BELLE LIGHTING LLC, Plaintiff, v. USA LEGWEAR, INC., BASIC RESOURCES, LLC and WESTCHESTER FIRE INSURANCE COMPANY, Defendants.
NYSCEF DOC. NO. 45
DECISION/ORDER
Mot Seq. No. 001 KATHRYN E. FREED, J.S.C.
Defendants, USA Legwear, LLC, Basic Resources, Inc., and Westchester Fire Insurance Company ("Defendants"), having moved this Court by Order to Show Cause, signed on November 22, 2016 [Motion Seq. No. 1; Docket No. 32], for an Order: (i) pursuant to CPLR §602(a) and New York Lien Law ("Lien Law") §43, consolidating for all purposes with the instant action those actions then pending or any future actions which may have been or will be commenced by lienors seeking payment and/or to foreclose upon mechanics' liens and the bonds securing same, if any, filed in the New York County Clerk's Office against the real property commonly known as and located at 1411 Broadway, New York, New York a/k/a Block 815, Lot 1 on the Tax Map of the County of New York (the "Property"), arising out of labor or services performed or goods provided to the second and third floors of the Property (the "Subleased Premises") in connection with a contract entered into by the Artisan Construction Partners, LLC ("General Contractor") and USA Legwear LLC's and Basic Resources Inc.'s affiliate, as amended and/or restated (the "Contract"), including but not limited to, those actions pending at the time the motion was made captioned Cannon Mechanical, Inc. v. James Gavin, et. al., Sup. Ct. N.Y. Co., Index No. 655456/2016; State Painting & Decorating Co., Inc. v. Artisan Construction, et. al., Sup. Ct. N.Y. Co., Index No. 158714/2016; and Everest Scaffolding, Inc. v. USA Legwear LLC, et. al., Civ. Ct. N.Y. Co., Index No. 018004/2016), and those actions filed subsequent to the motion captioned Glenwood Management Services, Inc. v. James Galvin, Artisan Construction, et. al., Index No. 656425/2016; Ground Effects, Inc. v. 1411 IC-SIC Property, LLC et. al., Sup. Ct. N.Y. Co., Index No. 656244/2016; Nordic Interior, Inc. v. Artisan Construction, et. al., Sup. Ct. N.Y. Co., Index No. 159611/2016; Peace of Mind Technologies, LLC v. Westchester Fire Insurance Company et. al., Sup. Ct. N.Y. Co., Index No. 159731/2016; USA Legwear, LLC et. al. v. Celtic Building Supplies, Inc. et. al., Sup. Ct. N.Y. Co., Index No. 656063/2016; and In the Matter of the Ex Parte Application of USA Legwear, LLC et. al., Sup. Ct. N.Y. Co., Index No. 159131/2016 (collectively the "Related Actions"); as well as any action or claim that may be filed in the future subsequent to the entry of this Order, including any claims concerning the Lien Law §37 bond obtained and/or posted by Defendants under Index No. 159131/2016 (the "Future Actions"); (ii) pursuant to CPLR §2201, staying all proceedings in the instant action, the Related Actions and any Future Actions pending the hearing and determination of this motion; and (iii) amending the caption of this action to include the parties in the Related Actions and in any Future Actions; and
In support of the motion, Defendants submitted the Affirmation of Mitchell D. Haddad , Esq., dated November 16, 2016, and exhibits annexed thereto; and
On January 3, 2017, Plaintiff Belle Lighting LLC ("Plaintiff) filed opposition papers to the instant motion [Docket No. 36 ]; and
By Stipulation dated January 18, 2017 [Docket No. 44], Plaintiff withdrew its opposition to the instant motion and consented to this Court granting said motion; and
No other opposition to the instant motion has been made or filed; and
NOW, upon the application of Sills Cummis & Gross P.C., attorneys for Defendants, and upon consent of the attorneys for Plaintiff, it is hereby:
ORDERED, that pursuant to CPLR §602(a) and Lien Law §43, Cannon Mechanical, Inc. v. James Gavin, et. al., Sup. Ct. N.Y. Co., Index No. 655456/2016; State Painting & Decorating Co., Inc. v. Artisan Construction, et. al., Sup. Ct. N.Y. Co., Index No. 158714/2016; and Everest Scaffolding, Inc. v. USA Legwear LLC, et. al., Civ. Ct. N.Y. Co., Index No. 018004/2016), and those actions filed subsequent to the motion captioned Glenwood Management Services, Inc. v. James Galvin, Artisan Construction, et. al., Index No. 656425/2016; Ground Effects, Inc. v. 1411 IC-SIC Property, LLC et. al., Sup. Ct. N.Y. Co., Index No. 656244/2016; Nordic Interior, Inc. v. Artisan Construction, et. al., Sup. Ct. N.Y. Co., Index No. 159611/2016; Peace of Mind Technologies, LLC v. Westchester Fire Insurance Company et. al., Sup. Ct. N.Y. Co., Index No. 159731/2016; USA Legwear, LLC et. al. v. Celtic Building Supplies, Inc. et. al., Sup. Ct. N.Y. Co., Index No. 656063/2016; and In the Matter of the Ex Parte Application of USA Legwear, LLC et. al., Sup. Ct. N.Y. Co., Index No. 159131/2016 are consolidated in this Court under Index No. 655053/2016 for all purposes, including trial; and it is further
ORDERED, that the caption in the instant action shall be amended as follows:
| BELLE LIGHTING LLC,Plaintiff,-against-USA LEGWEAR, LLC, BASIC RESOURCES,INC., WESTCHESTER FIRE INSURANCECOMPANY, AMERICO GROUP, INC., 1411IC-SIC PROPERTY LLC C/O THEBLACKSTONE GROUP 1411 IC-SICPROPERTY LLC, IC-SIC PROPERTY, LLC,ARTISAN CONSTRUCTION PARTNERS, LLC, | Index No. 655053/2016 |
| ARTISAN CONSTRUCTION, ARTISANPARTNERS LLC, JAMES GALVIN,individually, A. LISS & CO., INC., ABSOLUTEWOODWORK, LLC, CANNON MECHANICAL,INC., CELTIC BUILDING SUPPLIES, INC.,COOPER FRIEDMAN ECLECTIC SUPPLYCO., INC., CORE FLOORINGINTERNATIONAL CONTRACTING,CRESTCON CONSTRUCTION, INC., DANTONHEATING AND PLUMBING, CORP., DFNYDRYWALL & ACOUSTICS, INC., EDGEKRAFT, LLC, EVEREST SCAFFOLDING, INC.,GLENWOOD MANAGEMENT SERVICES,INC., GROUND EFFECTS, INC., JACOBYELECTRICAL CORP., HSBC BANK USA, J. G.ELECTRICAL INSTALLATIONS, INC., JLHINDUSTRIES, INC., MASPETH WELDING,INC., NATIONAL ASSOCIATION, NORDICINTERIOR, INC. NOUVEAU ELEVATORINDUSTRIES, INC., PEACE OF MINDTECHNOLOGIES, LLC, SEA BREEZEMECHANICAL CORP., STATE PAINTINGAND DECORATING CO., INC., WINGPARTNERS, LLC, "JOHN DOE 1" through"JOHN DOE 10", defendants being unknown toplaintiff and having or claiming an interest in orlien upon, or any bond discharging same, in theProperty commonly known and located at 1411Broadway, New York, New York a/k/a Block 815,Lot 1 on the Tax Map of the City of New York,County of New York, arising out of labor orservices performed or goods provided to thesecond and third floors of said property inconnection with a contract, as amended and/orrestated, entered into by the general contractor,Artisan Construction Partners LLC and USALegwear LLC and Basic Resources Inc. and/ortheir affiliate, and "JANE DOE I" through "JANEDOE 10", being fictitious names, the real namesbeing intended to designate individual,corporations, or other legal entities who are orwere recipients of funds diverted from the Trustdescribed in the complaint,Defendants. |
|---|
ORDERED that the pleadings in each of the actions shall stand as the pleadings in the consolidated action; and it is further
ORDERED that movant's counsel shall serve a copy of this order with notice of entry on the County Clerk (Room 141B), by filing with NYSCEF a completed "Notice to the County Clerk" (NYSCEF Form EF-22, available on the NYSCEF site), within 10 days after this order is uploaded to NYSCEF, and the clerk is directed to mark the court's records to reflect the consolidation and change to the caption; and it is further,
ORDERED that movant's counsel shall serve a copy of this order with notice of entry on the General Clerk's Office (Room 119) pursuant to e-filing protocol at genclerk-ords-non-mot@nycourts.gov, within 10 days after this order is uploaded to NYSCEF, and the clerk is directed to mark the court's records to reflect the consolidation and change to the caption; and it is further,
ORDERED, that service of a copy of this Order, by Federal Express or overnight delivery by another reputable courier, upon the following parties and/or their counsel of record appearing in the Related Actions at the addresses set forth below shall be deemed good and sufficient service: Law Offices of Edward Weissman
Edward Weissman Esq
60 East 42nd Street, Suite 557
New York, New York 10165
Counsel for Plaintiff Belle Lighting LLC Timothy Kilgannon, Esq.
Rossi, Crowley, Sancimino & Kilgannon, LLP
42-24 235th Street
Douglaston, New York 11363
Counsel in the Related Actions for plaintiff
Ground Effects, Inc. Paul G. Ryan Esq
Welby, Brady & Gréenblatt, LLP
11 Martine Avenue, 15th Floor
White Plains, New York 10606
Counsel in the Related Actions for plaintiff
Cannon Mechanical, Inc. John D. Horowitz, Esq.
Horowitz Law Group, PLLC
61 Broadway, Suite 2125
New York, NY 10006
Counsel in the Related Actions for plaintiff
Glenwood Management Services, Inc. Stephen J. Sassoon Esq
Rosenberg Feldman Smith, LLP
551 Fifth Avenue, 24th Floor
New York, New York 10176
Counsel in the Related Actions for plaintiff
Everest Scaffolding, Inc. Jonathan Bardavid, Esq.
Trivella & Forte, LLP
1311 Mamaroneck Avenue, Suite 170
White Plains, NY 10605
Counsel in the Related Actions for plaintiff
Nordic Interior, Inc. Charles R. Pierce, Jr.
Tarter Krinksy & Drogen LLP
1350 Broadway
New York, NY 10018
Counsel in the Related Actions for plaintiff
1411 IC-SIC Property, LLC and 1411 IC-SIC
Property, LLC c/s the Blackstone Group Murtagh, Cohen & Byrne
Joel B. Cutler, Esq.
100 North Park Avenue
Rockville Centre, NY 11570
(516) 766-3200
Counsel in the Related Actions for plaintiff
Jacoby Electrical Corp. Patrick M. Reilly, Esq.
DelBello Donnellan Weingarten Wise &
Wiederkehr LLP
1 North Lexington Avenue
White Plains, NY 10601
Counsel in the Related Actions for plaintiff
Peace of Mind Technology, LLC Henry C. Chan, Esq.
Wilson & Chan, LLP
733 Third Avenue, 15th Fl.
New York, NY 10017
Counsel in the Related Actions for plaintiff
Danton Heating & Plumbing, Corp. James Galvin
65 West 37th Street, Suite 300
New York, New York, 10018
Defendant in the Related Actions Artisan Construction Partners, LLC
65 West 37th Street, Suite 300
New York, New York, 10018
Defendant in the Related Actions Leonard J. Catanzaro, Esq.
555 Lenox Avenue, Suite 2F
New York, New York, 10037
Counsel in the Related Actions for plaintiff
State Painting & Decorating Co., Inc.
2/2/17
ENTER:
/s/ _________
J.S.C.