Opinion
Index Nos. 160977/2019 595017/2023 Motion Seq. No. 002
11-01-2023
ROBERT DIPIETRO, JESSICA DIPIETRO, Plaintiff, v. WASSERSTEIN ENTERPRISES L.L.C., METROPOLITAN ARTS & ANTIQUES PAVILION LTD., PALM BEACH JEWELRY & ANTIQUE SHOW, INC., Defendant. WASSERSTEIN ENTERPRISES L.L.C., METROPOLITAN ARTS & ANTIQUES PAVILION LTD., PALM BEACH JEWELRY & ANTIQUE SHOW, INC. Plaintiff, v. SELECT EXPOSITION SERVICES Defendant.
Unpublished Opinion
DECISION + ORDER ON MOTION
HON. LESLIE A. STROTH, JUSTICE
The following e-filed documents, listed by NYSCEF document number (Motion 002) 61, 62, 63, 64, 65, 66, 67, 68, 69 were read on this motion to/for CONSOLIDATE/JOIN FOR TRIAL.
In this personal injury action, defendants move pursuant to CPLR Section 602 to consolidate this action with the action Robert DiPietro and Jessica DiPietro v. New York City Jewelry &Watch Show, Inc., pending in Supreme Court, New York County, under index number 151802/2022 for joint trial and discovery. Plaintiffs do not oppose.
Pursuant to CPLR 602:
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.
Further, . .it is well settled that there is a preference for consolidation in the interest of judicial economy where there are common questions of law and fact, unless the party opposing the motion demonstrates that consolidation will prejudice a substantial right." See Geneva Temps, Inc. v New World Communities, Inc., 24 A.D.3d 332, 334 (1st Dept 2005).
Here, it is undisputed that both actions arise from the same alleged trip and fall over a piece of Masonite that occurred at 125 W 18th Street, New York, New York on October 23, 2019. The actions involve similar witnesses and the defendants in each action are sued in their alleged capacities as owner and/or manager of the subject property or due to their control of same. Neither action has proceeded to trial, and the trials will involve significantly similar evidence.
Principles of judicial economy strongly support consolidation in this matter. Moreover, plaintiffs do not oppose or otherwise argue that consolidation should not be effectuated.
Accordingly, it is
ORDERED that the motion is granted, without opposition, and the above-captioned action is consolidated in this Court with DiPietro and DiPietro v New York Jewelry and Watch Show, Inc., Index No. 151802/2022, pending in this Court; and it is further
ORDERED that the consolidation shall take place under Index No. 160977/2019 and the consolidated action shall bear the following caption:
And it is further
ORDERED that the pleadings in the actions hereby consolidated shall stand as the pleadings in the consolidated action; and it is further
ORDERED that, within 30 days from entry of this order, movant shall serve a copy of this order with notice of entry on the Clerk of the Court, who shall consolidate the documents in the actions hereby consolidated and shall mark his records to reflect the consolidation; and it is further
ORDERED that counsel for the movant shall contact the staff of the Clerk of the Court to arrange for the effectuation of the consolidation hereby directed; and it is further
ORDERED that service of this order upon the Clerk of the Court shall be made in hard-copy format if this action is a hard-copy matter or, if it is an e-filed case, 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 "E-Filing" page on the court's website); and it is further
ORDERED that, as applicable and insofar as is practical, the Clerk of this Court shall file the documents being consolidated in the consolidated case file under the index number of the consolidated action in the New York State Courts Electronic Filing System or make appropriate notations of such documents in the e-filing records of the court so as to ensure access to the documents in the consolidated action; and it is further
ORDERED that, within 30 days from entry of this order, movant shall serve a copy of this order with notice of entry on the Clerk of the General Clerk's Office, who is hereby directed to reflect the consolidation by appropriately marking the court's records; and it is further
ORDERED that such service upon the Clerk of the General Clerk's Office shall be made in hardcopy format if this action is a hard-copy matter or, if it is an e-filed case, shall be made in accordance with the procedures set forth in the aforesaid Protocol', and it is further
ORDERED that counsel are directed to appear for a discovery conference on the next available date in Part 12, Room 328 at 80 Centre Street, New York, NY.
This constitutes the decision and order of the court.