Hudson Meridian Constr. Grp., LLC v. 118 E. 59th St. Realty LLC

Full title: HUDSON MERIDIAN CONSTRUCTION GROUP, LLC, Plaintiff, v. 118 EAST 59TH…

Court: SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PART IAS MOTION 53EFM

Date published: Apr 1, 2019

2019 N.Y. Slip Op. 30914 (N.Y. Sup. Ct. 2019)

Opinion

INDEX NO. 655487/2016

04-01-2019

HUDSON MERIDIAN CONSTRUCTION GROUP, LLC, Plaintiff, v. 118 EAST 59TH STREET REALTY LLC,CROWNE ARCHITECTURAL SYSTEMS, INC.,MILLER DRUCK SPECIALTY CONTRACTING, INC.,P.C. RICHARD & SON LONG ISLAND CORP., RED HOOK CONSTRUCTION GROUP II, LLC,TETRA TECH ENGINEERS, ARCHITECTS & LANDSCAPE ARCHITECTS, P.C. D/B/A COSENTINI ASSOCIATES, THYSSENKRUPP ELEVATOR CORP. Defendant.

HON. ANDREW BORROK Justice

NYSCEF DOC. NO. 90 PRESENT: HON. ANDREW BORROK Justice MOTION DATE 04/01/2019 MOTION SEQ. NO. 003 004

DECISION AND ORDER

The following e-filed documents, listed by NYSCEF document number (Motion 003) 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80 were read on this motion to/for DISMISSAL. The following e-filed documents, listed by NYSCEF document number (Motion 004) 82, 83, 84, 85, 86, 87, 88, 89 were read on this motion to/for CONSOLIDATE/JOIN FOR TRIAL. This is an action brought by Hudson Meridian Construction Group, LLC (Hudson Meridian) against 118 East 59^th Street Realty LLC (118 East 59^th ) to recover damages for breach of contract, account stated, quantum meruit, wrongful termination of contract, and lien foreclosure. 118 East 59^th moved pursuant to CPLR 3211 [a] [10] to have the instant matter dismissed (Mtn. Seq. No. 3) for failure to join a necessary party (i.e., Gorton & Partners, LLC (Gorton)). Hudson Meridian opposes the motion and also separately moved by order to show cause to have Gorton & Partners, LLC d/b/a Colliers Intl. NY LLC v 118 East 59^th Street Realty LLC, New York County Index No. 158361/2018 (the Gorton Action) consolidated with and into this lawsuit. 1. Inasmuch as the order to show cause seeking consolidation of the Gorton Action with and into this lawsuit is unopposed, it is granted on default without opposition (See CPLR 602 [a]). 2. 118 East 59^th's motion to dismiss pursuant to CPLR 3211 [a] [10] premised on Hudson Meridian's failure to join Gorton is denied as moot. Accordingly, it is

ORDERED that defendant 118 East 59^th's motion to dismiss (mtn. seq. no. 003) is denied; and it is further

ORDERED that Hudson Meridian's application for consolidation (mtn. seq. no. 004) is granted and Gorton & Partners, LLC d/b/a Colliers Intl. NY LLC v 118 East 59^th Street Realty LLC, Index No. 158361/2018, pending in the Supreme Court, New York County is consolidated with and into this action; and it is further

ORDERED that the consolidation shall take place under Index No. 655487/2016 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, the movant shall serve a copy of this order with notice of entry on the Clerk of the Court (60 Centre Street, Room 141 B), 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

HUDSON MERIDIAN CONSTRUCTION GROUP, LLC, Plaintiff(s),

-against-

118 EAST 59TH STREET REALTY LLC, CROWNE ARCHITECTURAL SYSTEMS, INC., MILLER DRUCK SPECIALTY CONTRACTING, INC., P.C. RICHARD & SON LONG ISLAND CORP., RED HOOK CONSTRUCTION GROUP II, LLC, TETRA TECH ENGINEERS, ARCHITECTS & LANDSCAPE ARCHITECTS, P.C. D/B/A COSENTINI ASSOCIATES, THYSSENKRUPP ELEVATOR CORP. Defendant(s).

GORTON & PARTNERS, LLC D/B/A COLLIERS INTERNATIONAL NY LLC Plaintiff(s),

-against-

118 EAST 59TH STREET REALTY LLC, Defendant(s).

ORDERED that service of this order upon the Clerk of the Court 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 at the address www.nycourts.gov/supctmanh); 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 (60 Centre Street, Room 119), 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 accordance with the procedures set forth in the aforesaid Protocol; and it is further

ORDERED that counsel are directed to appear for a compliance conference on April 15, 2019 at 9:30 am in Room 238, 60 Centre Street, New York, New York. 4/1/2019

DATE

/s/ _________

ANDREW BORROK, J.S.C.