Opinion
INDEX NO. 159005/2017 Third-Party Index No. 595931/2019
02-10-2020
THOMAS REEDY, Plaintiff, v. THE CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF SANITATION, NEW YORK PUBLIC LIBRARY, Defendant. NEW YORK PUBLIC LIBRARY Plaintiff, v. DAVID MONN, LLC Defendant.
NYSCEF DOC. NO. 42 PRESENT: HON. LYLE E. FRANK Justice MOTION DATE 02/07/2020 MOTION SEQ. NO. 001
DECISION + ORDER ON MOTION
The following e-filed documents, listed by NYSCEF document number (Motion 001) 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 37, 39, 40 were read on this motion to/for CONSOLIDATE/JOIN FOR TRIAL. Upon the foregoing documents, it is
ORDERED that the motion is granted without opposition and the above-captioned action is consolidated in this Court with THOMAS REEDY vs. TISHMAN INTERIORS CORPORATION, Index No. 152720/2019, Action number 2, pending in this Court; and it is further
ORDERED that the motion is granted and the above-captioned action is consolidated in this Court with THOMAS REEDY vs. DAVID MONN, LLC, DAVID MONN (INDIVIDUALLY), SONNIER & CASTLE BY RHUBARB LLC, PARTY RENTALS, LTD, PARTY RENTALS R US CORPORATION, PARTY RENTALS BY CYNTHIA ROSE INC., PRIDE EQUIPMENT LEASING, LLC, AND KM PRODUCTIONS NY, INC., Index No. 159377/2019, Action number 3, pending in this Court; and it is further
Plaintiff has discontinued the action against this entity. --------
ORDERED that the motion is granted and the above-captioned action is consolidated in this Court with THOMAS REEDY vs. PARTY RENTALS LTD., a/k/a PINK HIPPO, and ACCESS FOOD & BEVERAGE INC., Index No. 160435/2019, Action number 4, pending in this Court; and it is further
ORDERED that the consolidation shall take place under Index No. 159005/2017 and the consolidated action shall bear the following caption: THOMAS REEDY, Plaintiff, -against- THE CITY OF NEW YORK, NEW YORK CITY OF DEPARTMENT OF SANITATION AND NEW YORK PUBLIC LIBRARY, TISHMAN INTERIORS CORPORATION, DAVID MONN, LLC, DAVID MONN (individually), PARTY RENTALS, LTD, PARTY RENTALS R US CORPORATION, PARTY RENTALS BY CYNTHIA ROSE INC., PRIDE EQUIPMENT LEASING, LLC, KM PRODUCTIONS NY, INC., PARTY RENTALS LTD, a/k/a PINK HIPPO and ACCESS FOOD & BEVERAGE INC., Defendants.
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 third party complaint will be converted into cross claims for the purposes of the consolidation; 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 (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, 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 Protocol; and it is further
ORDERED that counsel are directed to appear for a status conference in Room 106, 80 Centre Street, New York, New York, on April 8, 2020, at 2:00 PM. 2/10/2020
DATE
/s/ _________
LYLE E. FRANK, J.S.C.