Preview
FILED: NEW YORK COUNTY CLERK 05/15/2024 09:53 AM INDEX NO. 451373/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024
Transferred to NewYork County Supreme Court
Pleaseindicatethenewindex number here Index #
CivilCourt of the City of NewYork Index # CV-000881-22/NY
County of NewYork
Progressive Casualty Insurance Company As Subrogee
of BARUCH April 9, 2024
REICH
Plaintiff(s)
-against-
EDGE AUTO INC.; CNE PRODOCTIONSLLC
. Defendant(s)
RECEIVEDfrom the Civil Court of the City of NewYork, County of NewYork,
the following papers in the above entitled action:
The Entire Case File (or what is listed below)
1)Summons with verified complaint 2) Verified answer 3)Notice of Appearance 4)
Memoof Law Opposition to Edge Auto and in support of Def CNEProduction 5) Memoof Law to
Opposition of Progressive and in support of Deft CNEProduction_6)Opposition by Def Progressive
Casualty to Def CNEProduction
7)Opposition of Def Edge Auto to Def CNE Production 8) Decision
dated 4/17/24 by J Feinman
and a copy of the Notice of Entry/order changing the place of trial from the Civil Court of the City of
NewYork, County of NewYork, to the NewYork County Supreme Court .
Alia Razzaq
Clerk of Civil Court of the City of NewYork
Please return a stamped copy of this receipt back to the Clerk at the address listed below:
111 Centre Street
NewYork,NY 10013
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COURTOFTHECITY OFNEWYORK
CIVIL
COUNTYOF NEWYORK
------------------------------------------------..-------------------------Ç
CASUALTYINSURANCECOMPANY
PROGRESSIVE
as subrogee of BARUCHREICH,
Index No.: ev-000881-22-NY
Plaintiff.
NOTICEOFENTRY
-against- OF ORDER
EDGEAUTO,INC., and CNEPRODUCTIONS
LLC,
Defendants.
--------------------------------------------------------------------------Ç
PLEASETAKE NOTICE that the within is a true copy of a Decision and Order dated,
March 13. 2024, and duly entered in the office of the NewYork County Clerk on March 14, 2024.
Dated: NewYork, NewYork
April 2, 2024 Respectfully submitted,
VOGRIN& FRIMET, LLP
BY:
Walter D. Santi
150 Broadway, ite 1200
New York, New York 10038
(212) 513-1075
wsantiago@vogrinfrimet.com
Attorneys for Defendant,
CNEPRODUCTIONS
LLC
TO: John Reitano, Esq.
FELDMAN& FELDMAN,LLP
Attorneys for Plaintly
811 West Jericho Turnpike, Suite 201 W
Smithtown, NewYork 11787
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Jordan Masiakos, Esq.
& ASSOCIATESPC
MASIAKOS,MERCURIO
401 Franklin Avenue, Suite 318
Garden City, NewYork 11530
Attorneys for Defendants
COMPANY
EDGEAUTO, INC. And MAYAASSURANCE
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PM INDEX NO. 652443/2023
FILED: NEWYORK COUNTYCLERK 03/14/2024 12 :53
F DOC. NO. 50
NYSCE RECEIVED NYSCEF: 03 /13 /2024
COURTOFTHESTATEOF NEWiYORK
SUPREME
NEWYORKCOUNTY
PRESENT: HON. GERALDLEBOVITS PART 07
Justice
INDEXNO. 652443/2023
CNEPRODUCTIONS,
LLC, MOTIONSEO. NO. 002
Plaintiff,
- v -
ON
DECISION + ORDER
EDGEAUTO, INC., MAYAASSURANCE
COMPANY,and IMOTION
CASUALTYINSURANCECOMPANY,
PROGRESSIVE
Defendants.
X
The following e-filed documents, listed by NYSCEFdocument number (Motion 002) 26, 27, 28, 29, 30,
31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 47, 48, 49
were read on this motion to FORTRIAL
CONSOLIDATE/JOIN
In this insurance-coverage action, plaintiff, CNEProductions, LLC, moves under CPLR
325 (b) to.remove to this court an action now pending in Civil Court, New York County, on the
ground that Civil Court lacks jurisdiction to grani full relief in that action; and moves, upon
removal, the
to consolidate two actions. Defendant Progressive Casualty Insurance Company
does not oppose plaintiff's request for removal, but argues that upon removal, the two actions
should be joined for trial, not consolidated. This court agrees that removal is appropriate, and
concludes that the appropriate post-removal disposition is to join the actions for trial.
Accordingly, it is
ORDERED
that plaintiff's motion to remove Progressive Casualt y Insurance Company
v. EdgeAuto, Inc., CV-000881-22-NY (Civ Ct, NY
County) to this court pursuant to CPLR
325 (b) is granted, and Progressive Casualty Insurance Company Edge Auto, Inc., shall be
v.
joined with this action for discovery and trial; and it is further
. .
ORDERED
that serve a copy of this order with notice of its entry on the
plaintiff shall
Clerk of the Civil Court, NY
County; and on the Clerk of this court (by the meansset forth in the
court's e-filing protocol, available on the e-filing page of the court's web ite,
https://ww2.nycourts.gov/ courts/1jd/supctmanh/E-Filing.shtml); and pla ntiff shall contact the
staff of the said Clerks to arrange for the offcetuation of removal in an efficient manner; and it is
further
ORDERED
that upon service of notice of entry, the Clerk of the Civiil Court shall transfer
to this court all of the papers heretofore filed in said action in that Court;.and it is further
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NYSCEFDOC. NO. 50 RECEIVED NYSCEF: 03/13/2024
ORDERED that upon the receipt of the case file from the Clerk of th Civil Court, the
Clerk of this court shall, without further fee, assign a New York County ir d x number to the
matter transferred pursuant to this order and shall file under this number t1 e bocuments
transferred; and it is further
ÓRDERED
that insofar as is practical, the Clerk of this Court shal f e the documents
transferred court pursuant to this order under the New York County index number
to this
assigned to the transferred matter in NYSCEF;and it is further
ORDERED
that also serve a copy of this order with lotice of its entry upon
plaintiff shall
the office of the General Clerk (by the means set forth in the court's e-filir g rotocol, available
on the e-filing page of the court's website, httpst//ww2.nycourts.gov/ courls/)jd/supctmanh/E-
Filing shtml), together with an RJI in the action to be transferred to this Cou t pursuant to this
order, or, if an RJI had already been filed in that action with a copy of that RBI (in which event
no further fee shall be imposed); and it is further
ORDERED
that upon service of notice of entry and an RJI (or a cc py of a previously
filed RJI), the General Clerk shall assign the transferred action to the undersigned; and it is
further
ORDERED that following transfer of the action to this Court, and assignment of the
transferred action to the undersigned, the parties to the transferred action End to this action shall
contact the undersigned (by email to SFC-Part7-Cicrk@nycourts.gov) to request that a
preliminary conference be scheduled in the two actions.
3/13/2024
DATE
-
- J.S.C. -
CHECK
ONE: CASEDISPOSED X NON-FINALDISPOSTON
GRANTED DENIED X IN PART
GRANTED OTHER
APPLICATION: SETTLEORDER SUBMITORDER
.
CHECK
IF APPROPRIATE: INCLUDESTRANSFER/REASSIGN FIDUCIARYAPPOINT ENT REFERENCE
2
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AFFIDAVIT OF SERVICEVIA EMAIL
UPON ANDCONSENT
AGREEMENT OFALL COUSEL
COURTOF THESTATEOFNEWYORK
CIVIL
COUNTYOF NEWYORK
RE: NewYork County Index #: ev-000881-22-NY
State ofNew York )
County of NewYork )
Daniela Aminfard, duly sworn, deposes and says, that deporsert is not a party to the
I,
action, over 18 years of age and resides in Great Neck, New York.
is That on the 2nd day of
April, 2024, deponent served the within:
upon:
John P. Reitano, Esq.
Jodi P. Feldman, Esq. Jordan Masiakos, Esq.
FELDMAN& FELDMAN,LLP MASIAKOS, MERCURIC& ASSOCIATES,PC
Attorneysfor Plaintiff Attorneys for Defendant
811 West Jericho Turnpike, Suite 201W EDGEAUTO,INC.
Smithtown, NewYork 11787 401 Franklin Avenue, Suite 318
JFeldman@feldmanandfeldmanlaw.com Garden City, NewYork 11530
f reitano f
feldmanandfeldmanlaw.com .imasiakos@mmdlawgroI>.com
via clectronic mail upon the agreement and consent of all counsel in this matter.
Daniel Aminfard
Sworn before methis 2"d
Day of April, 2024
Notary Publi
WALTERD. SANTIAGO, JR.
Notary Public, State of NewYork .
Registration #02SA6364097
Qualified in NewYork County
Commission Expires Sept.5,2027
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COURTOFTHE CITY OFNEWYORK
CIVIL
COUNTYOFNEWYORK
------------------------------------------------------------------------x 000881
CASUALTyINSURANCECOMPANY
PROGRESSIVE Index No.:
as subrogee of BARUCHREICH, Date I iled:
SUlýIONS
Plaintiff(s),
-against- Plai1ti ff's Residence
Add re.;s:
EDGEAUTO, INC. and CNEPRODUCTIONS
LL C, 5920 Landerbrook Drive
Mayfield Heights, OH44124
Defendant(s). The be sis of the venue
desiplated is:
--------------------------------------------------------------------------x Defendant CNEProductions
LLC's place of business
To the above named defendant(s)
YOUAREHEREBYSUMMONED
to appear in the CIVIL COJRTOFTHE CITY OF
NEWYORK,COUNTYOFNEWYORK,at the of the Clerk of t le said Court at 111 Centre
office
Street., New York, New York10013, County of New York, Ci1y and State of New York,
in the
within the time provided by law as noted below and to file your answer to the annexed complaint with
the Clerk. Uponyour failure to answer, judgment will be taken against you for the sum of $4,981.95
3rd
with interest thereon from the day of October, 2019 together with the costs of this action.
Dated: Smithtown, New York
Defendant Edge Auto, Inc.'s Address: FE &; ELDMAN,LLP
460 Kingsland Avenue BY JODI FELDMAN,ESQ.
I'.
Brooklyn, NewYork 11222 A rneys for Plaintiff
. Address mffelepipne
. Number
Defendant CNEProductions LLC's Address: 811 West Jeriolio Turnpike
One World Trade Center, 44* Floor Suite 201W
NewYork, NewYork 10007 Smithtown, NewYork 1178'E %
(631) 979-12CO
File No: P32374
NOTE: The law provides that: (a) f this summons is served by its delivery to yo i tersonally within the City of
NewYork, you must appear and answer within TWENTYdays after such sers ich; or (b) if this summons is
served delivery to any person other than you personally,
by or is served outsido t1 e City of NewYork, or by
publication, or by any means othe than personal delivery to you within the City of NewYork, you are allowed
THIRTYdays after proof of service thereof is filed with the Clerk of this Cou t within which to appear and
answer.
1
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OFTHE CITY OFNEWYORK
CIVIL COURT
COUNTYOFNEWYORK
__-_____-__-----------------__ ____-- ____ _ __ _-------_ _ _ _ __ _ _ _-..___------Ç
PROGRESSIVE INSURANCECOMPANY
CASUALTÝ
as subrogee of BARUCHREIbH,
Plaintiff(s),
VERI IED COMPLAINT
-agamst-
Inde x No.:
EDGEAUTO, INC. and CNEPRODUCTIONS
LLC,
Defendant(s).
----_______--------------------___-------------------- ______-------------Ç
Plaintiff, by its attorneys, Feldman & Feldman, LLP, complaining of the defendants, upon
information and belief respectfully alleges as follows:
1. At all times herein mentioned, plaintiff CASUALTYINSURANCE
PROGRESSIVE
COMPANY
was and still is a corporation duly authorized to conduct business in the State of New
York.
2. At all times hereinafter mentioned, defendant, EDGEAUTO, INC, was a domestic
corporation having an office located at 460 Kingsland Avenue, County cf Kings, City and State of
NewYork.
3. At all times hereinafter mentioned, defendant, EDGEAUTO, INC, was a foreign
corporation duly licensed to conduct business in the State ofNew York 1 a g an office located at
460 Kingsland Avenue, County of Kings, City and State of NewYork.
4. At all times hereinàfter mentioned, defendant, EDGEAUTO, NC, was a partnership
authorized to do business in the State of New York having an office o-ated at 460 Kingsland
Avenue, County of Kings, City and State of NewYork.
5. At all times herein er mentioned, defendant, EDGEAUT0; INC, was a domestic
limited liability company duly licensed to conduct business in the State of New York having an
2
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office located at 460 Kingsladd Avenue, County of Kings, City and Stµ te of NewYork.
6. At all times hereinåfter mentioned, defendant, EDGEAUTO, I C, was a foreign limited
liability company duly licens d to conduct business in the State of Nevr York having an office
located at 460 Kingsland Avenue, County of Kings, City and State of Ne v York.
7. At all times hereinafter mentioned, defendant, CNEPRCD3CTIONSLLC, was a
domestic corporation having an office located at One World Trade Center, 44* Floor, County, City
and State of NewYork.
8. At all timeshereinaftermentioned, defendant, CNEPRODUCTIONS
LLC, was a foreign
corporation duly licensed to conduct business in the State of NewYork ha ving an office located at
One World Trade Center, 446 Floor, County, City and State of NewYorls.
9. At all times hereinafter mentioned, defendant, CNEPRC JCTIONS LLC, was a
partnership authorized to do business in the State of New York havin en office located at One
World Trade Center, 446 Floor, County, City and State of NewYork.
10. At all times hereinafter mentioned, defendant, CNEPRODTJCTIONSLLC, was a
domestic limited liability company duly licensed to conduct business in the State of New York
having an office located at One World Trade Center, 44* Floor, County, City and State of New
York.
11. At all timeshereinaftermentioned, defendant, CNEPRODUCTIONS
LLC, was a foreign
limited liability company duly licensed to conduct business in the Stat: of New York having an
office located at One World T ade Center, 44th
Floor, County, City and State of New York.
12. At all times herein er mentioned, plaintiff's subrogor, B JUCHREICH, was the
owner or lessee of a certain 018 Toyota motor vehicle bearing New York State license plate
number FXK4321.
3
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13. Prior to October 3, 2019, plaintiff, CASUALTY INSURANCE
PROGRESSIVE
COMPANY,issued an insura1 ce policy to BARUCH
REICHcovering a 2018 Toyota motor vehicle
bearing NewYork State licensi plate number FXK4321 which policy was: n full force and effect on
October 3, 2019.
14. The aforesaid insurance policy included collision coverage and rental reimbursement
coverage.
15. At all times hereinafter mentioned, defendant, EDGEAUTO, NC, was the owner of a
certain 2018 Isuzu motor vehiple bearing New York State license plate nmnber 63540ML for the
year 2019.
16. At all times hereinafter mentioned, defendant, CNEPROEUCTIONSLLC, was the
lessee of a certain 2018 Isuzu motor vehicle bearing NewYork State licenso plate number 63540ML
for the year 2019.
17. Onor about October 3, 2019, defendant EDGEAUTO,INC. s motor vehicle was being
operated with the knowledge, permission and consent of the owner.
18. Onor about October 3, 2019, defendant CNEPRODUCTIONI LC's motor vehicle was
being operated with the knowledge, permission and consent of the lesse².
19. On or about October 3, 2019, plaintiff's subrogor's motor elicle was in contact and
defendants'
collision with motor vehicle.
20. The aforesaid contact and collision was caused solely as the res ult of the negligence of
the defendants without any negligence on the part of the plaintiff's subrMgar contributing thereto.
21. The aforesaid contact and collision occurred in front of 277 Gca lam Avenue, County of
Kings, City and State of New''ork.
22. As a result of the afi.resaid collision, plaintiff's subrogor's motor vehicle wasdamagedin
4
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the sum of Four Thousand Six Hundred Twenty One and 95/100 ($4,621.95) Dollars and plaintiff's
subrogor incurred the sum of Three Hundred Sixty and 00/100 ($360.C O) Dollars in car rental
expenses, which sums were paid by plaintiff CASUALTYINSURANCE
PROGRESSIVE
COMPANY
to or on behalf of its subrogor less the sum of One Thousand and 00/100 ($1,000.00)
Dollars which was the deductible regarding the aforesaid insurance policy.
23. That upon making said payment, plaintiff CA3UALTYINSURANCE
PROGRESSIVE
COMPANY
became subrogated to the claim and cause of action of its bu3rogor.
24. That this action falls within one or more of the exceptions tc Article 16 of the Civil
Practice Law and Rules.
25. That as a result of the foregoing, plaintiff has sustained danges in the sum of Four
Thousand Nine Hundred Eighty One and 95/100 ($4,981.95) Dollars, tMgether with interest from
October 3, 2019, plus the costs and disbursements of this action.
WHEREFORE,
plaintiff demands judgment against the defenda ats in the sum of Four
Thousand Nine Hundred Eighty One and 95/100 ($4,981.95) Dollars, tMgether with interest from
October 3, 2019, plus the costs and disbursements of this action.
Dated: Smithtown, NewYork
NTr)³u1ti n I , 20s
Yours, etc.
F L & FEI DMAN, LLP
B : JODI P. FELD1 AN,ESQ.
orneys for Plainti f
811 West Jericho Turnpike
Suite 201W
Smithtown, NewYor c 11787
(631) 979-1200
File No.: P32374
5
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VERIFICATION
STATEOFNEWYORK)
) ss.:
COUNTYOFSUFFOLK)
That I, the undersigned aman attorney admitted to practice in t le Courts of the State of
NewYork, and say that:
I ama partner in the law firm of Feldman & Feldman, LLP the attorneys of record, or of
counsel with the attorney(s) of record, for plaintiff, I have read the annexed Compýt how Be
contents thereof and the same are true to my knowledge, except those 11atters therein which are
stated to be alleged on information and belief, and as to those matters I believe those to be true.
The basis for the information and belief is the review of the file maintained in the regular
course of our law practice.
The reason I make this affirmation instead of plaintiff is that ph ir tiff maintains its office
in a County other than where your affirmant maintains her law office.
I affirm the foregoing statements are true under penalty of perjury
DATED: Smithtown, NewYork
Î () to 11 Ah , ( B 203Z..
,
J DI . N ESQ.
6
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CIVIL COURTOFTHECITY OFNEWYORK
COUNTY OFNEWYORK INDEENO:
PROGRESSIVE
CASUALTYINSU1 NCECOMPANY
as subrogee of BARUCH
REICH,
Plaintiff(s),
-against-
EDGEAUTO,INC. and CNEPRODUCTIONS
LLC,
Defendant(s).
SUMMONS
ANDVERIFIED COMPLAINT
& FELDMAN,LLP.
FELDMAN
Attorneys for Plaintiff
Office and Post Office Address
811 WEST JERICHOTURNPIKE
Suite 201W
NEWYORK11787-3220
SMITHTOWN,
(631) 979-1200
To:
Attorney(s) for:
Service of a copy of the within
is hereby admitted.
Dated:
........................................................,... ..
Attorney (s) for
Pursuant to 22 NYCRR the undersigned,
130-1.1, an attorney admitted to practice in the ourts of NewYork State,
certifies that, upon information and belief and reasonable inquiry, the contentions cont d in the annexed
documents not frivolous.
Dated: Signature
PLEASETAKENOTICE
that the within is a (certified) true copy of a
notice of entered in the office of the clerk of the within namedCourt on 20
entry
that an Order of which the within is a true copy will be presented to the
notice ofHon. one of the judges of the within names Court,
settlement at
Preview
FILED: NEW YORK COUNTY CLERK 05/15/2024 09:53 AM INDEX NO. 451373/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024 Transferred to NewYork County Supreme Court Pleaseindicatethenewindex number here Index # CivilCourt of the City of NewYork Index # CV-000881-22/NY County of NewYork Progressive Casualty Insurance Company As Subrogee of BARUCH April 9, 2024 REICH Plaintiff(s) -against- EDGE AUTO INC.; CNE PRODOCTIONSLLC . Defendant(s) RECEIVEDfrom the Civil Court of the City of NewYork, County of NewYork, the following papers in the above entitled action: The Entire Case File (or what is listed below) 1)Summons with verified complaint 2) Verified answer 3)Notice of Appearance 4) Memoof Law Opposition to Edge Auto and in support of Def CNEProduction 5) Memoof Law to Opposition of Progressive and in support of Deft CNEProduction_6)Opposition by Def Progressive Casualty to Def CNEProduction 7)Opposition of Def Edge Auto to Def CNE Production 8) Decision dated 4/17/24 by J Feinman and a copy of the Notice of Entry/order changing the place of trial from the Civil Court of the City of NewYork, County of NewYork, to the NewYork County Supreme Court . Alia Razzaq Clerk of Civil Court of the City of NewYork Please return a stamped copy of this receipt back to the Clerk at the address listed below: 111 Centre Street NewYork,NY 10013 1 of 88 FILED: NEW YORK COUNTY CLERK 05/15/2024 09:53 AM INDEX NO. 451373/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024 COURTOFTHECITY OFNEWYORK CIVIL COUNTYOF NEWYORK ------------------------------------------------..-------------------------Ç CASUALTYINSURANCECOMPANY PROGRESSIVE as subrogee of BARUCHREICH, Index No.: ev-000881-22-NY Plaintiff. NOTICEOFENTRY -against- OF ORDER EDGEAUTO,INC., and CNEPRODUCTIONS LLC, Defendants. --------------------------------------------------------------------------Ç PLEASETAKE NOTICE that the within is a true copy of a Decision and Order dated, March 13. 2024, and duly entered in the office of the NewYork County Clerk on March 14, 2024. Dated: NewYork, NewYork April 2, 2024 Respectfully submitted, VOGRIN& FRIMET, LLP BY: Walter D. Santi 150 Broadway, ite 1200 New York, New York 10038 (212) 513-1075 wsantiago@vogrinfrimet.com Attorneys for Defendant, CNEPRODUCTIONS LLC TO: John Reitano, Esq. FELDMAN& FELDMAN,LLP Attorneys for Plaintly 811 West Jericho Turnpike, Suite 201 W Smithtown, NewYork 11787 2 of 88 FILED: NEW YORK COUNTY CLERK 05/15/2024 09:53 AM INDEX NO. 451373/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024 Jordan Masiakos, Esq. & ASSOCIATESPC MASIAKOS,MERCURIO 401 Franklin Avenue, Suite 318 Garden City, NewYork 11530 Attorneys for Defendants COMPANY EDGEAUTO, INC. And MAYAASSURANCE 3 of 88 FILED: NEW YORK COUNTY CLERK 05/15/2024 09:53 AM INDEX NO. 451373/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024 PM INDEX NO. 652443/2023 FILED: NEWYORK COUNTYCLERK 03/14/2024 12 :53 F DOC. NO. 50 NYSCE RECEIVED NYSCEF: 03 /13 /2024 COURTOFTHESTATEOF NEWiYORK SUPREME NEWYORKCOUNTY PRESENT: HON. GERALDLEBOVITS PART 07 Justice INDEXNO. 652443/2023 CNEPRODUCTIONS, LLC, MOTIONSEO. NO. 002 Plaintiff, - v - ON DECISION + ORDER EDGEAUTO, INC., MAYAASSURANCE COMPANY,and IMOTION CASUALTYINSURANCECOMPANY, PROGRESSIVE Defendants. X The following e-filed documents, listed by NYSCEFdocument number (Motion 002) 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 47, 48, 49 were read on this motion to FORTRIAL CONSOLIDATE/JOIN In this insurance-coverage action, plaintiff, CNEProductions, LLC, moves under CPLR 325 (b) to.remove to this court an action now pending in Civil Court, New York County, on the ground that Civil Court lacks jurisdiction to grani full relief in that action; and moves, upon removal, the to consolidate two actions. Defendant Progressive Casualty Insurance Company does not oppose plaintiff's request for removal, but argues that upon removal, the two actions should be joined for trial, not consolidated. This court agrees that removal is appropriate, and concludes that the appropriate post-removal disposition is to join the actions for trial. Accordingly, it is ORDERED that plaintiff's motion to remove Progressive Casualt y Insurance Company v. EdgeAuto, Inc., CV-000881-22-NY (Civ Ct, NY County) to this court pursuant to CPLR 325 (b) is granted, and Progressive Casualty Insurance Company Edge Auto, Inc., shall be v. joined with this action for discovery and trial; and it is further . . ORDERED that serve a copy of this order with notice of its entry on the plaintiff shall Clerk of the Civil Court, NY County; and on the Clerk of this court (by the meansset forth in the court's e-filing protocol, available on the e-filing page of the court's web ite, https://ww2.nycourts.gov/ courts/1jd/supctmanh/E-Filing.shtml); and pla ntiff shall contact the staff of the said Clerks to arrange for the offcetuation of removal in an efficient manner; and it is further ORDERED that upon service of notice of entry, the Clerk of the Civiil Court shall transfer to this court all of the papers heretofore filed in said action in that Court;.and it is further 1 of 2 4 of 88 FILED: NEW YORK COUNTY CLERK 05/15/2024 09:53 AM INDEX NO. 451373/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024 FILED: NEWYORKCOUNTYCLERK 03 / 14/ 2024 12 : 53 PM) . INDEX NO. 6 52443/202 3 NYSCEFDOC. NO. 50 RECEIVED NYSCEF: 03/13/2024 ORDERED that upon the receipt of the case file from the Clerk of th Civil Court, the Clerk of this court shall, without further fee, assign a New York County ir d x number to the matter transferred pursuant to this order and shall file under this number t1 e bocuments transferred; and it is further ÓRDERED that insofar as is practical, the Clerk of this Court shal f e the documents transferred court pursuant to this order under the New York County index number to this assigned to the transferred matter in NYSCEF;and it is further ORDERED that also serve a copy of this order with lotice of its entry upon plaintiff shall the office of the General Clerk (by the means set forth in the court's e-filir g rotocol, available on the e-filing page of the court's website, httpst//ww2.nycourts.gov/ courls/)jd/supctmanh/E- Filing shtml), together with an RJI in the action to be transferred to this Cou t pursuant to this order, or, if an RJI had already been filed in that action with a copy of that RBI (in which event no further fee shall be imposed); and it is further ORDERED that upon service of notice of entry and an RJI (or a cc py of a previously filed RJI), the General Clerk shall assign the transferred action to the undersigned; and it is further ORDERED that following transfer of the action to this Court, and assignment of the transferred action to the undersigned, the parties to the transferred action End to this action shall contact the undersigned (by email to SFC-Part7-Cicrk@nycourts.gov) to request that a preliminary conference be scheduled in the two actions. 3/13/2024 DATE - - J.S.C. - CHECK ONE: CASEDISPOSED X NON-FINALDISPOSTON GRANTED DENIED X IN PART GRANTED OTHER APPLICATION: SETTLEORDER SUBMITORDER . CHECK IF APPROPRIATE: INCLUDESTRANSFER/REASSIGN FIDUCIARYAPPOINT ENT REFERENCE 2 2 of 2 5 of 88 FILED: NEW YORK COUNTY CLERK 05/15/2024 09:53 AM INDEX NO. 451373/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024 AFFIDAVIT OF SERVICEVIA EMAIL UPON ANDCONSENT AGREEMENT OFALL COUSEL COURTOF THESTATEOFNEWYORK CIVIL COUNTYOF NEWYORK RE: NewYork County Index #: ev-000881-22-NY State ofNew York ) County of NewYork ) Daniela Aminfard, duly sworn, deposes and says, that deporsert is not a party to the I, action, over 18 years of age and resides in Great Neck, New York. is That on the 2nd day of April, 2024, deponent served the within: upon: John P. Reitano, Esq. Jodi P. Feldman, Esq. Jordan Masiakos, Esq. FELDMAN& FELDMAN,LLP MASIAKOS, MERCURIC& ASSOCIATES,PC Attorneysfor Plaintiff Attorneys for Defendant 811 West Jericho Turnpike, Suite 201W EDGEAUTO,INC. Smithtown, NewYork 11787 401 Franklin Avenue, Suite 318 JFeldman@feldmanandfeldmanlaw.com Garden City, NewYork 11530 f reitano f feldmanandfeldmanlaw.com .imasiakos@mmdlawgroI>.com via clectronic mail upon the agreement and consent of all counsel in this matter. Daniel Aminfard Sworn before methis 2"d Day of April, 2024 Notary Publi WALTERD. SANTIAGO, JR. Notary Public, State of NewYork . Registration #02SA6364097 Qualified in NewYork County Commission Expires Sept.5,2027 6 of 88 FILED: NEW YORK COUNTY CLERK 05/15/2024 09:53 AM INDEX NO. 451373/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024 COURTOFTHE CITY OFNEWYORK CIVIL COUNTYOFNEWYORK ------------------------------------------------------------------------x 000881 CASUALTyINSURANCECOMPANY PROGRESSIVE Index No.: as subrogee of BARUCHREICH, Date I iled: SUlýIONS Plaintiff(s), -against- Plai1ti ff's Residence Add re.;s: EDGEAUTO, INC. and CNEPRODUCTIONS LL C, 5920 Landerbrook Drive Mayfield Heights, OH44124 Defendant(s). The be sis of the venue desiplated is: --------------------------------------------------------------------------x Defendant CNEProductions LLC's place of business To the above named defendant(s) YOUAREHEREBYSUMMONED to appear in the CIVIL COJRTOFTHE CITY OF NEWYORK,COUNTYOFNEWYORK,at the of the Clerk of t le said Court at 111 Centre office Street., New York, New York10013, County of New York, Ci1y and State of New York, in the within the time provided by law as noted below and to file your answer to the annexed complaint with the Clerk. Uponyour failure to answer, judgment will be taken against you for the sum of $4,981.95 3rd with interest thereon from the day of October, 2019 together with the costs of this action. Dated: Smithtown, New York Defendant Edge Auto, Inc.'s Address: FE &; ELDMAN,LLP 460 Kingsland Avenue BY JODI FELDMAN,ESQ. I'. Brooklyn, NewYork 11222 A rneys for Plaintiff . Address mffelepipne . Number Defendant CNEProductions LLC's Address: 811 West Jeriolio Turnpike One World Trade Center, 44* Floor Suite 201W NewYork, NewYork 10007 Smithtown, NewYork 1178'E % (631) 979-12CO File No: P32374 NOTE: The law provides that: (a) f this summons is served by its delivery to yo i tersonally within the City of NewYork, you must appear and answer within TWENTYdays after such sers ich; or (b) if this summons is served delivery to any person other than you personally, by or is served outsido t1 e City of NewYork, or by publication, or by any means othe than personal delivery to you within the City of NewYork, you are allowed THIRTYdays after proof of service thereof is filed with the Clerk of this Cou t within which to appear and answer. 1 7 of 88 FILED: NEW YORK COUNTY CLERK 05/15/2024 09:53 AM INDEX NO. 451373/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024 OFTHE CITY OFNEWYORK CIVIL COURT COUNTYOFNEWYORK __-_____-__-----------------__ ____-- ____ _ __ _-------_ _ _ _ __ _ _ _-..___------Ç PROGRESSIVE INSURANCECOMPANY CASUALTÝ as subrogee of BARUCHREIbH, Plaintiff(s), VERI IED COMPLAINT -agamst- Inde x No.: EDGEAUTO, INC. and CNEPRODUCTIONS LLC, Defendant(s). ----_______--------------------___-------------------- ______-------------Ç Plaintiff, by its attorneys, Feldman & Feldman, LLP, complaining of the defendants, upon information and belief respectfully alleges as follows: 1. At all times herein mentioned, plaintiff CASUALTYINSURANCE PROGRESSIVE COMPANY was and still is a corporation duly authorized to conduct business in the State of New York. 2. At all times hereinafter mentioned, defendant, EDGEAUTO, INC, was a domestic corporation having an office located at 460 Kingsland Avenue, County cf Kings, City and State of NewYork. 3. At all times hereinafter mentioned, defendant, EDGEAUTO, INC, was a foreign corporation duly licensed to conduct business in the State ofNew York 1 a g an office located at 460 Kingsland Avenue, County of Kings, City and State of NewYork. 4. At all times hereinàfter mentioned, defendant, EDGEAUTO, NC, was a partnership authorized to do business in the State of New York having an office o-ated at 460 Kingsland Avenue, County of Kings, City and State of NewYork. 5. At all times herein er mentioned, defendant, EDGEAUT0; INC, was a domestic limited liability company duly licensed to conduct business in the State of New York having an 2 8 of 88 FILED: NEW YORK COUNTY CLERK 05/15/2024 09:53 AM INDEX NO. 451373/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024 office located at 460 Kingsladd Avenue, County of Kings, City and Stµ te of NewYork. 6. At all times hereinåfter mentioned, defendant, EDGEAUTO, I C, was a foreign limited liability company duly licens d to conduct business in the State of Nevr York having an office located at 460 Kingsland Avenue, County of Kings, City and State of Ne v York. 7. At all times hereinafter mentioned, defendant, CNEPRCD3CTIONSLLC, was a domestic corporation having an office located at One World Trade Center, 44* Floor, County, City and State of NewYork. 8. At all timeshereinaftermentioned, defendant, CNEPRODUCTIONS LLC, was a foreign corporation duly licensed to conduct business in the State of NewYork ha ving an office located at One World Trade Center, 446 Floor, County, City and State of NewYorls. 9. At all times hereinafter mentioned, defendant, CNEPRC JCTIONS LLC, was a partnership authorized to do business in the State of New York havin en office located at One World Trade Center, 446 Floor, County, City and State of NewYork. 10. At all times hereinafter mentioned, defendant, CNEPRODTJCTIONSLLC, was a domestic limited liability company duly licensed to conduct business in the State of New York having an office located at One World Trade Center, 44* Floor, County, City and State of New York. 11. At all timeshereinaftermentioned, defendant, CNEPRODUCTIONS LLC, was a foreign limited liability company duly licensed to conduct business in the Stat: of New York having an office located at One World T ade Center, 44th Floor, County, City and State of New York. 12. At all times herein er mentioned, plaintiff's subrogor, B JUCHREICH, was the owner or lessee of a certain 018 Toyota motor vehicle bearing New York State license plate number FXK4321. 3 9 of 88 FILED: NEW YORK COUNTY CLERK 05/15/2024 09:53 AM INDEX NO. 451373/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024 13. Prior to October 3, 2019, plaintiff, CASUALTY INSURANCE PROGRESSIVE COMPANY,issued an insura1 ce policy to BARUCH REICHcovering a 2018 Toyota motor vehicle bearing NewYork State licensi plate number FXK4321 which policy was: n full force and effect on October 3, 2019. 14. The aforesaid insurance policy included collision coverage and rental reimbursement coverage. 15. At all times hereinafter mentioned, defendant, EDGEAUTO, NC, was the owner of a certain 2018 Isuzu motor vehiple bearing New York State license plate nmnber 63540ML for the year 2019. 16. At all times hereinafter mentioned, defendant, CNEPROEUCTIONSLLC, was the lessee of a certain 2018 Isuzu motor vehicle bearing NewYork State licenso plate number 63540ML for the year 2019. 17. Onor about October 3, 2019, defendant EDGEAUTO,INC. s motor vehicle was being operated with the knowledge, permission and consent of the owner. 18. Onor about October 3, 2019, defendant CNEPRODUCTIONI LC's motor vehicle was being operated with the knowledge, permission and consent of the lesse². 19. On or about October 3, 2019, plaintiff's subrogor's motor elicle was in contact and defendants' collision with motor vehicle. 20. The aforesaid contact and collision was caused solely as the res ult of the negligence of the defendants without any negligence on the part of the plaintiff's subrMgar contributing thereto. 21. The aforesaid contact and collision occurred in front of 277 Gca lam Avenue, County of Kings, City and State of New''ork. 22. As a result of the afi.resaid collision, plaintiff's subrogor's motor vehicle wasdamagedin 4 10 of 88 FILED: NEW YORK COUNTY CLERK 05/15/2024 09:53 AM INDEX NO. 451373/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024 the sum of Four Thousand Six Hundred Twenty One and 95/100 ($4,621.95) Dollars and plaintiff's subrogor incurred the sum of Three Hundred Sixty and 00/100 ($360.C O) Dollars in car rental expenses, which sums were paid by plaintiff CASUALTYINSURANCE PROGRESSIVE COMPANY to or on behalf of its subrogor less the sum of One Thousand and 00/100 ($1,000.00) Dollars which was the deductible regarding the aforesaid insurance policy. 23. That upon making said payment, plaintiff CA3UALTYINSURANCE PROGRESSIVE COMPANY became subrogated to the claim and cause of action of its bu3rogor. 24. That this action falls within one or more of the exceptions tc Article 16 of the Civil Practice Law and Rules. 25. That as a result of the foregoing, plaintiff has sustained danges in the sum of Four Thousand Nine Hundred Eighty One and 95/100 ($4,981.95) Dollars, tMgether with interest from October 3, 2019, plus the costs and disbursements of this action. WHEREFORE, plaintiff demands judgment against the defenda ats in the sum of Four Thousand Nine Hundred Eighty One and 95/100 ($4,981.95) Dollars, tMgether with interest from October 3, 2019, plus the costs and disbursements of this action. Dated: Smithtown, NewYork NTr)³u1ti n I , 20s Yours, etc. F L & FEI DMAN, LLP B : JODI P. FELD1 AN,ESQ. orneys for Plainti f 811 West Jericho Turnpike Suite 201W Smithtown, NewYor c 11787 (631) 979-1200 File No.: P32374 5 11 of 88 FILED: NEW YORK COUNTY CLERK 05/15/2024 09:53 AM INDEX NO. 451373/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024 VERIFICATION STATEOFNEWYORK) ) ss.: COUNTYOFSUFFOLK) That I, the undersigned aman attorney admitted to practice in t le Courts of the State of NewYork, and say that: I ama partner in the law firm of Feldman & Feldman, LLP the attorneys of record, or of counsel with the attorney(s) of record, for plaintiff, I have read the annexed Compýt how Be contents thereof and the same are true to my knowledge, except those 11atters therein which are stated to be alleged on information and belief, and as to those matters I believe those to be true. The basis for the information and belief is the review of the file maintained in the regular course of our law practice. The reason I make this affirmation instead of plaintiff is that ph ir tiff maintains its office in a County other than where your affirmant maintains her law office. I affirm the foregoing statements are true under penalty of perjury DATED: Smithtown, NewYork Î () to 11 Ah , ( B 203Z.. , J DI . N ESQ. 6 12 of 88 - I INDEX NO. 451373/2024 FILED: NEW YORK COUNTY CLERK 05/15/2024 09:53 AM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024 CIVIL COURTOFTHECITY OFNEWYORK COUNTY OFNEWYORK INDEENO: PROGRESSIVE CASUALTYINSU1 NCECOMPANY as subrogee of BARUCH REICH, Plaintiff(s), -against- EDGEAUTO,INC. and CNEPRODUCTIONS LLC, Defendant(s). SUMMONS ANDVERIFIED COMPLAINT & FELDMAN,LLP. FELDMAN Attorneys for Plaintiff Office and Post Office Address 811 WEST JERICHOTURNPIKE Suite 201W NEWYORK11787-3220 SMITHTOWN, (631) 979-1200 To: Attorney(s) for: Service of a copy of the within is hereby admitted. Dated: ........................................................,... .. Attorney (s) for Pursuant to 22 NYCRR the undersigned, 130-1.1, an attorney admitted to practice in the ourts of NewYork State, certifies that, upon information and belief and reasonable inquiry, the contentions cont d in the annexed documents not frivolous. Dated: Signature PLEASETAKENOTICE that the within is a (certified) true copy of a notice of entered in the office of the clerk of the within namedCourt on 20 entry that an Order of which the within is a true copy will be presented to the notice ofHon. one of the judges of the within names Court, settlement at