Opinion
INDEX NO. 153119/2019 Third-Party Index No. 595286/2020
06-10-2020
WILLIAM JACKSON, MARGARET JACKSON, Plaintiff, v. NEW YORK CONVENTION CENTER OPERATING CORPORATION, NEW YORK CONVENTION CENTER DEVELOPMENT CORPORATION, JACOB K. JAVITS CONVENTION CENTER OF NEW YORK, LENDLEASE (US) CONSTRUCTION LMB INC., TURNER CONSTRUCTION COMPANY, LENDLEASE TURNER A JOINT VENTURE, EMPIRE STATE DEVELOPMENT CORPORATION, Defendant. NEW YORK CONVENTION CENTER OPERATING CORPORATION, NEW YORK CONVENTION CENTER DEVELOPMENT CORPORATION, LENDLEASE (US) CONSTRUCTION LMB INC., TURNER CONSTRUCTION COMPANY, LENDLEASE TURNER A JOINT VENTURE, EMPIRE STATE DEVELOPMENT CORPORATION Plaintiff, v. E.E. CRUZ & COMPANY, INC., C.B. CONTRACTING CORP Defendant.
NYSCEF DOC. NO. 25 PRESENT: HON. DAVID BENJAMIN COHEN Justice MOTION DATE 02/08/2020 MOTION SEQ. NO. 001
DECISION + ORDER ON MOTION
The following e-filed documents, listed by NYSCEF document number (Motion 001) 13, 14, 15, 16, 17, 18, 19, 20, 21 were read on this motion to/for CONSOLIDATE/JOIN FOR TRIAL. Upon the foregoing documents, it is
ORDERED that the motion is granted, and the above-captioned action is consolidated in this Court, for joint discovery and joint trial on all issues, with Jackson v. New York State Urban Development Corporation, Index No. 160794/2019, pending in this Court; and it is further
ORDERED that the consolidation shall take place under Index No. 153119/2019 and the consolidated action shall bear the following caption: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK WILLIAM JACKSON AND MARGARET JACKSON, Plaintiffs,
-against- NEW YORK CONVENTION CENTER OPERATING CORPORATION, NEW YORK CONVENTION CENTER DEVELOPMENT CORPORATION, JACOB K. JAVITS CONVENTION CENTER OF NEW YORK, LENDLEASE (US) CONSTRUCTION LMB INC., TURNER CONSTRUCTION COMPANY, LENDLEASE TURNER A JOINT VENTURE, EMPIRE STATE DEVELOPMENT CORPORATION, NEW YORK STATE URBAN DEVELOPMENT CORPORATION, and LEADLEASE TURNER A JOINT VENTURE BETWEEN LENDLEASE (US) CONSTRUCTION LMB, INC. Defendants. NEW YORK CONVENTION CENTER OPERATING CORPORATION, NEW YORK CONVENTION CENTER DEVELOPMENT CORPORATION, LENDLEASE (US) CONSTRUCTION LMB INC., TURNER CONSTRUCTION COMPANY, LENDLEASE TURNER A JOINT VENTURE, and EMPIRE STATE DEVELOPMENT CORPORATION, Third-Party Plaintiffs,
-against- E.E. CRUZ & COMPANY, INC., and C.B. CONTRACTING CORP, Third-Party Defendants. Index No.: 153119/2019 Index No.: 595286/2020
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, or 30 days from the lifting of the current temporary filing restrictions, whichever is later, 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
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 at the address www.nycourts.gov/supctmanh); 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, or 30 days from the lifting of the current temporary filing restrictions, whichever is later, 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 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 aforesaid Protocal; and it is further
ORDERED that (unless an earlier conference is requested an occurs) all counsel are directed to appear for a compliance conference in Room 574, 111 Centre Street, New York, New York, on the adjourned date of July 15, 2020, at 9:30 AM. 6/10/2020
DATE
/s/ _________
DAVID BENJAMIN COHEN, J.S.C.