Preview
FILED: KINGS COUNTY CLERK 09/02/2021 02:29 PM INDEX NO. 514355/2021
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 09/02/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---------------------------------------------------------------------X INDEX NO.: 514355/2021E
JAEL TUSA QUINGA,
Plaintiff(s), ACTION NO. 1
- against - AFFIRMATION
IN SUPPORT
BRITNEYTUSA QUINGA, as Administrator of the
Estate of LEONEL G TUSA MASAQUIZA,
FTL 1001 LLC, RIGO LIMO-AUTO CORP.
and PAUDY A. NUNEZ-ARIAS,
Defendant(s).
-----------------------------------------------------------------------X File No.: 1031106
RONIT Z. MOSKOVITS, an attorney duly admitted to practice in the Courts of the
State of New York, and associated with the firm of BAKER, McEVOY & MOSKOVITS, P.C.,
attorneys for the Defendant(s), FTL 1001 LLC, RIGO LIMO-AUTO CORP. and PAUDY A.
NUNEZ-ARIAS, pursuant to CPLR 2106, upon information and belief, under penalties of
perjury; said statements being based on papers contained in the files maintained by the aforesaid
attorneys.
1. This affirmation is submitted in support of the undersigned's request for an Order
consolidating Actions No. 1 (captioned above) and No. 2 (captioned below) for joint trial and
discovery.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------------------------X Index No.: 514463/2021
BRITNEY TUSA QUINGA, as Administrator of the
Estate of LEONEL G TUSA MASAQUIZA, Deceased,
Plaintiff(s),
-against- Action No. 2
FTL 1001 LLC, RIGO LIMO-AUTO CORP.
and PAUDY A. NUNEZ-ARIAS,
Defendant(s).
-----------------------------------------------------------------------------X
2. An investigation of the facts of these actions reveals that they are negligence actions
arising out of a motor vehicle collision. The Plaintiffs in Actions No.1 and No. 2 are suing for
Bodily Injuries. These actions arise out of the same motor vehicle accident which occurred on
June 17, 2018, in the in the vicinity of Johnson Avenue, at/about the intersection of Scott
Avenue, County of Kings and State of New York.
3. Action No. 1 was instituted in Supreme Court, Kings County by service upon the
Defendant, FTL 1001 LLC, RIGO LIMO-AUTO CORP. and PAUDY A. NUNEZ-ARIAS, and
issue was joined therein on or about August 26, 2021, by the Defendant(s), FTL 1001 LLC,
RIGO LIMO-AUTO CORP. and PAUDY A. NUNEZ-ARIAS. (Copies of Summons and
Verified Complain and Verified Answer are annexed hereto as Exhibit "A" and Exhibit “B "
respectively).
4. Action No. 2 was instituted in Supreme Court, Kings County by service upon the
Defendant(s), FTL 1001 LLC, RIGO LIMO-AUTO CORP. and PAUDY A. NUNEZ-ARIAS,
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and issue was joined therein on or about August 19, 2021, by the Defendant(s), FTL 1001 LLC,
RIGO LIMO-AUTO CORP. and PAUDY A. NUNEZ-ARIAS. (Copies of Summons and
Verified Complaint and Supplemental Summons and Complaints; and Verified Answer are
annexed hereto as Exhibit "C" and Exhibit "D" respectively).
5. Preliminary Conference has not been held in either action neither has Note of Issue been
filed.
6. The issues of fact which will arise upon the trial of these actions are substantially
identical, if not the same. These actions arise from the same occurrence between and among the
same parties. It is expected that testimony from substantially all the same parties and witnesses
will be required upon the trial of these actions.
7. In order to avoid a multiplicity of suits, save the time of the Court and expense to the
Court, parties and attorneys herein, it is respectfully submitted that these actions should be
consolidated in this county for joint trial and all remaining discovery proceedings. .
8. No undue prejudice will result to any of the above mentioned parties.
9. No prior application for the relief requested herein has been made.
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WHEREFORE, it is respectfully requested that the Court grant the instant motion, and
that the above entitled actions be tried as one, and for such other and further relief as to this
Court may be deemed just and proper.
Dated: Brooklyn, New York
August 27, 2021
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AFFIDAVIT OF SERVICE BY E-FILING
STATE OF NEW YORK )
) ss:
COUNTY OF KINGS )
I, TOYIN AREMU, being duly sworn, deposes and says:
Deponent is not a party to this action; is over the age of 18 years, and resides at
Kings County, New York.
On August 27, 2021, deponent served the within NOTICE OF MOTION FOR
JOINT TRIAL and AFFIRMATION IN SUPPORT, upon the attorneys listed below at their
listed addresses which were designated by said attorneys for said purpose, by E-Filing and
mailing to the below-listed addresses.
TO: EUGENE M. BELLIN, ESQ.
485 MADISON AVE., FOR 16
NEW YORK, NY 10022
______Toyinaremu___________
TOYIN AREMU
Sworn to before me this on
27th day of August, 2021
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AFFIDAVIT OF SERVICE BY MAILING
STATE OF NEW YORK )
) ss:
COUNTY OF KINGS )
I, TOYIN AREMU, being duly sworn, deposes and says:
Deponent is not a party to this action; is over the age of 18 years, and resides at
Kings County, New York.
On September 2, 2021, Deponent served the within NOTICE OF MOTION FOR
CONSOLIDATION and AFFIRMATION IN SUPPORT upon the attorneys listed below at their
listed addresses which were designated by said attorneys for said purpose, by depositing a true copy
of same enclosed in a post paid properly addressed wrapper in a post office under the exclusive care
and custody of the U.S. Postal Service within the State of New York.
TO: EUGENE M. BELLIN, ESQ.
485 MADISON AVE., FOR 16
NEW YORK, NY 10022
MICHELSTEIN & ASHMAN, PLLC
485 MADISON AVE., 16TH FLR
NEW YORK, NY 10022
JAMES G. BILELLO & ASSOCIATES
100 DUFFY AVE., STE 500
HICKSVILLE, NY 11801
______toyinaremu____________
TOYIN AREMU
Sworn to before me this on
2nd day of September, 2021
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Index No. 514355/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
_______________________________________________________
JAEL TUSA QUINGA,
Plaintiff,
-against-
BRIITNEYTUSA QUINGA, as Administrator of the Estate
of LEONEL G TUSA MASAQUIZA, FTL 1001 LLC,
RIGO LIMO-AUTO CORP. and PAUDY A. NUNEZ-ARIAS,
Defendants.
_______________________________________________________
AND ANOTHER ACTION
NOTICE OF MOTION FOR JOINT TRIAL AND
AFFIRMATION IN SUPPORT.
_______________________________________________________
_______________________________________________________
BAKER, McEVOY & MOSKOVITS, P.C.
Attorneys for: FTL 1001 LLC, RIGO0LIMO AUTO
and PAUDY A. NUNEZ-ARIAS
Office and Post Office Address, Telephone
One Metrotech Center Mailing Address
Brooklyn, N.Y. 11201 5 Broadway, Ste 3
(212)-857-8230 Freeport, NY 11520
_______________________________________________________
To: SEE AFFIDAVIT OF SERVICE
Attorney(s) for: SEE AFFIDAVIT OF SERVICE
Signing requirement pursuant to 130-1.1-a
________________________________________________________________
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Preview
FILED: KINGS COUNTY CLERK 09/02/2021 02:29 PM INDEX NO. 514355/2021 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 09/02/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------------------------------------------------X INDEX NO.: 514355/2021E JAEL TUSA QUINGA, Plaintiff(s), ACTION NO. 1 - against - AFFIRMATION IN SUPPORT BRITNEYTUSA QUINGA, as Administrator of the Estate of LEONEL G TUSA MASAQUIZA, FTL 1001 LLC, RIGO LIMO-AUTO CORP. and PAUDY A. NUNEZ-ARIAS, Defendant(s). -----------------------------------------------------------------------X File No.: 1031106 RONIT Z. MOSKOVITS, an attorney duly admitted to practice in the Courts of the State of New York, and associated with the firm of BAKER, McEVOY & MOSKOVITS, P.C., attorneys for the Defendant(s), FTL 1001 LLC, RIGO LIMO-AUTO CORP. and PAUDY A. NUNEZ-ARIAS, pursuant to CPLR 2106, upon information and belief, under penalties of perjury; said statements being based on papers contained in the files maintained by the aforesaid attorneys. 1. This affirmation is submitted in support of the undersigned's request for an Order consolidating Actions No. 1 (captioned above) and No. 2 (captioned below) for joint trial and discovery. 1 of 8 FILED: KINGS COUNTY CLERK 09/02/2021 02:29 PM INDEX NO. 514355/2021 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 09/02/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------------X Index No.: 514463/2021 BRITNEY TUSA QUINGA, as Administrator of the Estate of LEONEL G TUSA MASAQUIZA, Deceased, Plaintiff(s), -against- Action No. 2 FTL 1001 LLC, RIGO LIMO-AUTO CORP. and PAUDY A. NUNEZ-ARIAS, Defendant(s). -----------------------------------------------------------------------------X 2. An investigation of the facts of these actions reveals that they are negligence actions arising out of a motor vehicle collision. The Plaintiffs in Actions No.1 and No. 2 are suing for Bodily Injuries. These actions arise out of the same motor vehicle accident which occurred on June 17, 2018, in the in the vicinity of Johnson Avenue, at/about the intersection of Scott Avenue, County of Kings and State of New York. 3. Action No. 1 was instituted in Supreme Court, Kings County by service upon the Defendant, FTL 1001 LLC, RIGO LIMO-AUTO CORP. and PAUDY A. NUNEZ-ARIAS, and issue was joined therein on or about August 26, 2021, by the Defendant(s), FTL 1001 LLC, RIGO LIMO-AUTO CORP. and PAUDY A. NUNEZ-ARIAS. (Copies of Summons and Verified Complain and Verified Answer are annexed hereto as Exhibit "A" and Exhibit “B " respectively). 4. Action No. 2 was instituted in Supreme Court, Kings County by service upon the Defendant(s), FTL 1001 LLC, RIGO LIMO-AUTO CORP. and PAUDY A. NUNEZ-ARIAS, 2 of 8 FILED: KINGS COUNTY CLERK 09/02/2021 02:29 PM INDEX NO. 514355/2021 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 09/02/2021 and issue was joined therein on or about August 19, 2021, by the Defendant(s), FTL 1001 LLC, RIGO LIMO-AUTO CORP. and PAUDY A. NUNEZ-ARIAS. (Copies of Summons and Verified Complaint and Supplemental Summons and Complaints; and Verified Answer are annexed hereto as Exhibit "C" and Exhibit "D" respectively). 5. Preliminary Conference has not been held in either action neither has Note of Issue been filed. 6. The issues of fact which will arise upon the trial of these actions are substantially identical, if not the same. These actions arise from the same occurrence between and among the same parties. It is expected that testimony from substantially all the same parties and witnesses will be required upon the trial of these actions. 7. In order to avoid a multiplicity of suits, save the time of the Court and expense to the Court, parties and attorneys herein, it is respectfully submitted that these actions should be consolidated in this county for joint trial and all remaining discovery proceedings. . 8. No undue prejudice will result to any of the above mentioned parties. 9. No prior application for the relief requested herein has been made. 3 of 8 FILED: KINGS COUNTY CLERK 09/02/2021 02:29 PM INDEX NO. 514355/2021 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 09/02/2021 WHEREFORE, it is respectfully requested that the Court grant the instant motion, and that the above entitled actions be tried as one, and for such other and further relief as to this Court may be deemed just and proper. Dated: Brooklyn, New York August 27, 2021 4 of 8 FILED: KINGS COUNTY CLERK 09/02/2021 02:29 PM INDEX NO. 514355/2021 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 09/02/2021 AFFIDAVIT OF SERVICE BY E-FILING STATE OF NEW YORK ) ) ss: COUNTY OF KINGS ) I, TOYIN AREMU, being duly sworn, deposes and says: Deponent is not a party to this action; is over the age of 18 years, and resides at Kings County, New York. On August 27, 2021, deponent served the within NOTICE OF MOTION FOR JOINT TRIAL and AFFIRMATION IN SUPPORT, upon the attorneys listed below at their listed addresses which were designated by said attorneys for said purpose, by E-Filing and mailing to the below-listed addresses. TO: EUGENE M. BELLIN, ESQ. 485 MADISON AVE., FOR 16 NEW YORK, NY 10022 ______Toyinaremu___________ TOYIN AREMU Sworn to before me this on 27th day of August, 2021 5 of 8 FILED: KINGS COUNTY CLERK 09/02/2021 02:29 PM INDEX NO. 514355/2021 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 09/02/2021 AFFIDAVIT OF SERVICE BY MAILING STATE OF NEW YORK ) ) ss: COUNTY OF KINGS ) I, TOYIN AREMU, being duly sworn, deposes and says: Deponent is not a party to this action; is over the age of 18 years, and resides at Kings County, New York. On September 2, 2021, Deponent served the within NOTICE OF MOTION FOR CONSOLIDATION and AFFIRMATION IN SUPPORT upon the attorneys listed below at their listed addresses which were designated by said attorneys for said purpose, by depositing a true copy of same enclosed in a post paid properly addressed wrapper in a post office under the exclusive care and custody of the U.S. Postal Service within the State of New York. TO: EUGENE M. BELLIN, ESQ. 485 MADISON AVE., FOR 16 NEW YORK, NY 10022 MICHELSTEIN & ASHMAN, PLLC 485 MADISON AVE., 16TH FLR NEW YORK, NY 10022 JAMES G. BILELLO & ASSOCIATES 100 DUFFY AVE., STE 500 HICKSVILLE, NY 11801 ______toyinaremu____________ TOYIN AREMU Sworn to before me this on 2nd day of September, 2021 6 of 8 FILED: KINGS COUNTY CLERK 09/02/2021 02:29 PM INDEX NO. 514355/2021 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 09/02/2021 Index No. 514355/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _______________________________________________________ JAEL TUSA QUINGA, Plaintiff, -against- BRIITNEYTUSA QUINGA, as Administrator of the Estate of LEONEL G TUSA MASAQUIZA, FTL 1001 LLC, RIGO LIMO-AUTO CORP. and PAUDY A. NUNEZ-ARIAS, Defendants. _______________________________________________________ AND ANOTHER ACTION NOTICE OF MOTION FOR JOINT TRIAL AND AFFIRMATION IN SUPPORT. _______________________________________________________ _______________________________________________________ BAKER, McEVOY & MOSKOVITS, P.C. Attorneys for: FTL 1001 LLC, RIGO0LIMO AUTO and PAUDY A. NUNEZ-ARIAS Office and Post Office Address, Telephone One Metrotech Center Mailing Address Brooklyn, N.Y. 11201 5 Broadway, Ste 3 (212)-857-8230 Freeport, NY 11520 _______________________________________________________ To: SEE AFFIDAVIT OF SERVICE Attorney(s) for: SEE AFFIDAVIT OF SERVICE Signing requirement pursuant to 130-1.1-a ________________________________________________________________ 7 of 8 FILED: KINGS COUNTY CLERK 09/02/2021 02:29 PM INDEX NO. 514355/2021 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 09/02/2021 8 of 8