On August 03, 2015 a
Order
was filed
involving a dispute between
Elba S. Mella,
and
Coogan'S,
Royal Charter Properties, Inc.,
The City Of New York,
for Tort
in the District Court of New York County.
Preview
INDEX NO. 157971/2015
FILED: NEW YORK COUNTY CLERK 05/04/2016 02:16 PM
NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 05/04/2016
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
SHLOMO HA GLER
J.S.C.
PRESENT: PART (7
- - Justice
Index Number: 157971/2015 INDEX NO.
MELLA, ELBA S.
vs MOTION DATE
COOGAN'S MOTION SEQ. NO.
Sequence Number : 004
- AMEND CAPTION/PARTIES.
The following papers, numbered 1 to were read on this motion to/for
Notice of Motion/Order to Show Cause — Affidavits — Exhibits J Nojs).
Answering Affidavits — Exhibits FNoj(s).
Replying Affidavits [ No(s).
Upon the foregoing papers, it is ordered that this motion is 5 7 nO_ urtt {
ILI ATH OW (A ACCOL ACR NTH
ing Flared Order
ome folio
6 =os
Lo
3a
— JSC.
5
—
4, CHECK ONE: .......e000 sss [] CASE DISPOSED NON-FINAL DISPOSITION
2. CHECK AS APPROPRIA’ MOTION is: GRANTED CveNIeD = CIGRANTEDINPART —CJOTHER
3. CHECK IF APPROPRIATE: wane [_] SETTLE ORDER Csusmit ORDER
(D0 NOT POST 0 FIDUCIARY APPOINTMENT (_]REFERENCE
1 of 2
,- - -
*Ray
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK ‘, ART (7
mene ee en nnn e eee eee eee neem eee nen een nen ee en ene n nen nena neee,
ELBA SOCORRO MELLA, ORGPBLBW ORDER
Plaintiff,
Index No.: 157971/2015
-against-
COOGAN’S,
ROYAL CHARTER PROPERTIES, INC., and
THE CITY OF NEW YORK,
Defendants.
wanna nnn nnn nn nnn nanan ene nen nn nen ne eee en ee en nn ne. -X
UPON plaintiff's motion dated March 16, 2016 and the supporting papers thereto, and
there being no opposition to said motion, and the motion appearing on
the calendar of the Court
on April 20, 2016, upon default,
IT IS HEREBY ORDERED that upon motion
of the plaintiff dated March 16, 2016, the
Affirmation of Daniel Melucci dated Marc
h 16, 2016, and all of the exhibits there
to, plaintiff's
motion to amend the Notice of Claim
is granted pursuant to General Municipa
l Law § 50-e.
Accordingly, plaintiff's Notice of Claim
is amended as reflected in plaintiff's
Amended
Notice of Claim dated July 25, 201
5 and the Amended Notice of Cla
im dated July 25, 2015 shall
have the same force and eff
ect as if same were served
originally.
\
Dated: May 4 , 2016
\
2 of 2 '
Document Filed Date
May 04, 2016
Case Filing Date
August 03, 2015
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INDEX NO. 157971/2015 FILED: NEW YORK COUNTY CLERK 05/04/2016 02:16 PM NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 05/04/2016 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY SHLOMO HA GLER J.S.C. PRESENT: PART (7 - - Justice Index Number: 157971/2015 INDEX NO. MELLA, ELBA S. vs MOTION DATE COOGAN'S MOTION SEQ. NO. Sequence Number : 004 - AMEND CAPTION/PARTIES. The following papers, numbered 1 to were read on this motion to/for Notice of Motion/Order to Show Cause — Affidavits — Exhibits J Nojs). Answering Affidavits — Exhibits FNoj(s). Replying Affidavits [ No(s). Upon the foregoing papers, it is ordered that this motion is 5 7 nO_ urtt { ILI ATH OW (A ACCOL ACR NTH ing Flared Order ome folio 6 =os Lo 3a — JSC. 5 — 4, CHECK ONE: .......e000 sss [] CASE DISPOSED NON-FINAL DISPOSITION 2. CHECK AS APPROPRIA’ MOTION is: GRANTED CveNIeD = CIGRANTEDINPART —CJOTHER 3. CHECK IF APPROPRIATE: wane [_] SETTLE ORDER Csusmit ORDER (D0 NOT POST 0 FIDUCIARY APPOINTMENT (_]REFERENCE 1 of 2 ,- - - *Ray SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ‘, ART (7 mene ee en nnn e eee eee eee neem eee nen een nen ee en ene n nen nena neee, ELBA SOCORRO MELLA, ORGPBLBW ORDER Plaintiff, Index No.: 157971/2015 -against- COOGAN’S, ROYAL CHARTER PROPERTIES, INC., and THE CITY OF NEW YORK, Defendants. wanna nnn nnn nn nnn nanan ene nen nn nen ne eee en ee en nn ne. -X UPON plaintiff's motion dated March 16, 2016 and the supporting papers thereto, and there being no opposition to said motion, and the motion appearing on the calendar of the Court on April 20, 2016, upon default, IT IS HEREBY ORDERED that upon motion of the plaintiff dated March 16, 2016, the Affirmation of Daniel Melucci dated Marc h 16, 2016, and all of the exhibits there to, plaintiff's motion to amend the Notice of Claim is granted pursuant to General Municipa l Law § 50-e. Accordingly, plaintiff's Notice of Claim is amended as reflected in plaintiff's Amended Notice of Claim dated July 25, 201 5 and the Amended Notice of Cla im dated July 25, 2015 shall have the same force and eff ect as if same were served originally. \ Dated: May 4 , 2016 \ 2 of 2 '