On November 03, 2015 a
Exhibit,Appendix
was filed
involving a dispute between
Fernando Pinos Cabrera,
and
Emily M Russell,
Empire Today,
for Tort
in the District Court of Queens County.
Preview
FILED: QUEENS COUNTY CLERK 08/31/2018 10:41 AM INDEX NO. 711448/2015
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 08/31/2018
EXHIBIT E
FILED: QUEENS COUNTY CLERK 08/31/2018 10:41 AM INDEX NO. 711448/2015
NYSCEF DOC. NO. 63 INDEX NYSCEF:
RECEIVED NO. 711448/2015
08/31/2018
|FILED : QUEENS COUNTY CLERK 0 8 / 0 8 (2 017 11: 33 AM|
NYSCEF DOC, NO. 21 RECEIVED NYSCEF: 08/08/2017
ORDER
SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF QUEENS
PART 37
BY: HON. SALVATORE J. MODICA, Justice
___ ..-------------------- ---
---X
FERNANDO PINOS CABRERA, Action Number 1
Plaintiff, Index No. 711448/2015
-- against -
EMILY M. RUSSELL,
Defendant.
------------------ ----- ----------X
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
__..________________ .....--. ----------------X
FERNANDO PINOS CABRERA, Action Number 2
Plaintiff, Index No. 711759/2016
- against -
EMPIRE TODAY,
Defendant.
---------- ---- -------X
HON. SALVATORE J. MODICA, J.:
The unopposed motion seeking a full consolidating of the above-captioned two
actions Iis granted in all respects. See Mr. Berger's affirmation.
The Court hereby ORDERS as follows:
The above-captioned two actions shall be consolidated for all purposes under
Index Number 711448/2015, and it is further
ORDERED that the caption of the consolidated action shall be amended to read as
follows:
Conshidatic-
H:\JUNE 2017 DECISIONS\Cabrera v. RusseRFull wpd
1 of 2
FILED: QUEENS COUNTY CLERK 08/31/2018 10:41 AM INDEX NO. 711448/2015
NYSCEF DOC.QUEENS
NO. 63 CT.ERK INDEX NYSCEF:
RECEIVED NO. 711448/2015
08/31/2018
[FILED: COUNTY 0 8 /0 8 / 2 017 11: 33 AM)
NYS,C:F.DOC. NO. 21 RECEIVED NYSCEF: 08/08/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
------------------------------------------------------X
FERNANDO PINOS CABRERA,
Plaintiff, Index No. 711448/2015
- against -
EMILY M. RUSSELL and EMPIRE TODAY,
Defendants.
---------------- ------------------ ----X
and it is further
ORDERED that the Clerk of the Court, upon being served with a copy of this
Order, is directed to transfer all papers filed under Index Number 711759/2016 to the file
of this action under Index Number 711448/2015, and it is further
ORDERED that the pleadings previously served in the original actions shall be
deemed the pleadings in the consolidated actions, and it is further
ORDERED that this order is without prejudice to the assertion of any defenses
that may have been previously asserted by the defendant, jurisdictional or
including
limitations defenses, and it is further
ORDERED that the movant is directed to serve a copy of this order with notice of
entry, within thirty (30) days of entry of this Order, on all parties to the actions
consolidated, the Clerk of Queens County, and, at the time of filing of the note of issue,
upon the Clerk of the Trial Term Support Office of the Supreme Court, Queens County.
The foregoing constitutes the decision, order, and opinion of the Court.
H(n. Sgfvatore J. Modica
Justice, Supreme Court, Queens County
Dated: Jamaica, New York
June 19, 2017
H:UUNE 2017 DECISIONS\Cabrera v. RussellFull Cons3Haa¾wpd
2 of 2
Document Filed Date
August 31, 2018
Case Filing Date
November 03, 2015
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: QUEENS COUNTY CLERK 08/31/2018 10:41 AM INDEX NO. 711448/2015 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 08/31/2018 EXHIBIT E FILED: QUEENS COUNTY CLERK 08/31/2018 10:41 AM INDEX NO. 711448/2015 NYSCEF DOC. NO. 63 INDEX NYSCEF: RECEIVED NO. 711448/2015 08/31/2018 |FILED : QUEENS COUNTY CLERK 0 8 / 0 8 (2 017 11: 33 AM| NYSCEF DOC, NO. 21 RECEIVED NYSCEF: 08/08/2017 ORDER SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF QUEENS PART 37 BY: HON. SALVATORE J. MODICA, Justice ___ ..-------------------- --- ---X FERNANDO PINOS CABRERA, Action Number 1 Plaintiff, Index No. 711448/2015 -- against - EMILY M. RUSSELL, Defendant. ------------------ ----- ----------X SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS __..________________ .....--. ----------------X FERNANDO PINOS CABRERA, Action Number 2 Plaintiff, Index No. 711759/2016 - against - EMPIRE TODAY, Defendant. ---------- ---- -------X HON. SALVATORE J. MODICA, J.: The unopposed motion seeking a full consolidating of the above-captioned two actions Iis granted in all respects. See Mr. Berger's affirmation. The Court hereby ORDERS as follows: The above-captioned two actions shall be consolidated for all purposes under Index Number 711448/2015, and it is further ORDERED that the caption of the consolidated action shall be amended to read as follows: Conshidatic- H:\JUNE 2017 DECISIONS\Cabrera v. RusseRFull wpd 1 of 2 FILED: QUEENS COUNTY CLERK 08/31/2018 10:41 AM INDEX NO. 711448/2015 NYSCEF DOC.QUEENS NO. 63 CT.ERK INDEX NYSCEF: RECEIVED NO. 711448/2015 08/31/2018 [FILED: COUNTY 0 8 /0 8 / 2 017 11: 33 AM) NYS,C:F.DOC. NO. 21 RECEIVED NYSCEF: 08/08/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ------------------------------------------------------X FERNANDO PINOS CABRERA, Plaintiff, Index No. 711448/2015 - against - EMILY M. RUSSELL and EMPIRE TODAY, Defendants. ---------------- ------------------ ----X and it is further ORDERED that the Clerk of the Court, upon being served with a copy of this Order, is directed to transfer all papers filed under Index Number 711759/2016 to the file of this action under Index Number 711448/2015, and it is further ORDERED that the pleadings previously served in the original actions shall be deemed the pleadings in the consolidated actions, and it is further ORDERED that this order is without prejudice to the assertion of any defenses that may have been previously asserted by the defendant, jurisdictional or including limitations defenses, and it is further ORDERED that the movant is directed to serve a copy of this order with notice of entry, within thirty (30) days of entry of this Order, on all parties to the actions consolidated, the Clerk of Queens County, and, at the time of filing of the note of issue, upon the Clerk of the Trial Term Support Office of the Supreme Court, Queens County. The foregoing constitutes the decision, order, and opinion of the Court. H(n. Sgfvatore J. Modica Justice, Supreme Court, Queens County Dated: Jamaica, New York June 19, 2017 H:UUNE 2017 DECISIONS\Cabrera v. RussellFull Cons3Haa¾wpd 2 of 2