On May 24, 2017 a
Order
was filed
involving a dispute between
Jose Gonzales,
and
Fredy R. Urgiles,
Michele A. Beach,
for Torts - Motor Vehicle
in the District Court of New York County.
Preview
en
INDEX NO. 154796/2017
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 08/01/2018
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. ADAM SILVERA PART IAS MOTION 22
Justice
X INDEX NO. 154796/2017
JOSE GONZALES,
MOTION DATE 07/05/2018
Plaintiff,
MOTION SEQ. NO. 003
-V-
MICHELE BEACH, FREDY URGILES,
DECISION AND ORDER
Defendant.
X
The following e-filed documents, listed by NYSCEF document number (Motion 003) 47, 48, 49, 50, 51,
52, 53, 54
were read on this motion to/for CONSOLIDATE/JOIN FOR TRIAL
Upon the foregoing documents, it is ordered that this motion for consolidation, by
defendant/third-party plaintiff Fredy Urgiles is granted. Defendant moves to consolidate this
personal injury action with another action (Salim Jalakh and Hind Alaeddin v Michele A. Beach,
Fredy R. Urgiles, Jose A. Gonzales, John Does I-X [said names being fictitious, true names
unknown], and/or ABC Corp. I-X [said names being fictitious, true names unknown], index no.
150911/18), arguing that the two actions arise out of the same accident and have common
parties. CPLR §602(a) states that “[w]hen actions involving a common question of law or fact
are pending before a court, the court, upon motion ... may order the actions consolidated”. No
opposition has been filed. It is undisputed that the actions arise out of the same motor vehicle
accident and involve many of the same parties. Thus, defendant’s motion to consolidate is
granted to the extent that these actions are joined for discovery and trial. Each action shall
maintain separate pleadings, captions, and index numbers, with separate certificates of readiness
and notes of issue.
Accordingly, it is
ORDERED that defendant’s motion to consolidate is granted as indicated above; and it is
further
ORDERED that discovery in this action is to proceed expeditiously; and it is further
ORDERED that all counsel are directed to appear for a previously scheduled conference
on September 7, 2018 at 9:30am, in room 103 of 80 Centre Street, New York, NY.
This constitutes the Decision/Order of the Court.
as \S A Z——
DATE ADAM SILVERA, J.S.C.
CHECK ONE: CASE DISPOSED NON-FINAL DISPOSITION
GRANTED C] DENIED GRANTED IN PART O OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT O REFERENCE
154796/2017 GONZALES, JOSE vs. BEACH, MICHELE A. Page
1 of 1
Motion No. 003
lofl
Document Filed Date
August 01, 2018
Case Filing Date
May 24, 2017
Category
Torts - Motor Vehicle
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en INDEX NO. 154796/2017 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 08/01/2018 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. ADAM SILVERA PART IAS MOTION 22 Justice X INDEX NO. 154796/2017 JOSE GONZALES, MOTION DATE 07/05/2018 Plaintiff, MOTION SEQ. NO. 003 -V- MICHELE BEACH, FREDY URGILES, DECISION AND ORDER Defendant. X The following e-filed documents, listed by NYSCEF document number (Motion 003) 47, 48, 49, 50, 51, 52, 53, 54 were read on this motion to/for CONSOLIDATE/JOIN FOR TRIAL Upon the foregoing documents, it is ordered that this motion for consolidation, by defendant/third-party plaintiff Fredy Urgiles is granted. Defendant moves to consolidate this personal injury action with another action (Salim Jalakh and Hind Alaeddin v Michele A. Beach, Fredy R. Urgiles, Jose A. Gonzales, John Does I-X [said names being fictitious, true names unknown], and/or ABC Corp. I-X [said names being fictitious, true names unknown], index no. 150911/18), arguing that the two actions arise out of the same accident and have common parties. CPLR §602(a) states that “[w]hen actions involving a common question of law or fact are pending before a court, the court, upon motion ... may order the actions consolidated”. No opposition has been filed. It is undisputed that the actions arise out of the same motor vehicle accident and involve many of the same parties. Thus, defendant’s motion to consolidate is granted to the extent that these actions are joined for discovery and trial. Each action shall maintain separate pleadings, captions, and index numbers, with separate certificates of readiness and notes of issue. Accordingly, it is ORDERED that defendant’s motion to consolidate is granted as indicated above; and it is further ORDERED that discovery in this action is to proceed expeditiously; and it is further ORDERED that all counsel are directed to appear for a previously scheduled conference on September 7, 2018 at 9:30am, in room 103 of 80 Centre Street, New York, NY. This constitutes the Decision/Order of the Court. as \S A Z—— DATE ADAM SILVERA, J.S.C. CHECK ONE: CASE DISPOSED NON-FINAL DISPOSITION GRANTED C] DENIED GRANTED IN PART O OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT O REFERENCE 154796/2017 GONZALES, JOSE vs. BEACH, MICHELE A. Page 1 of 1 Motion No. 003 lofl