Motion-Secondary: Paula Strazza Est Of, Chelsea P Strazza Exr, Daniel E Strazza Exr v. Nyack Village Of

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                                INDEX   NO.    032697/2015
FILED:      ROCKLAND            COUNTY      CLERK         08/07/2015         03:24       PM
NYSCEF   DOC.   NO.       8                                                                     RECEIVED   NYSCEF:    08/07/2015
           SUPREME COURT OF THE STATE OF NEW YORK
           COUNTY OF ROCKLAND
                                                                         X
           PAULA STRAZZA,                                                        Index No.: 032697/2015

                                             Plaintiff,                          AEEIRMATION
                                                                                       IN SUPPORT
                              -against-

           VILLAGE OF NYACK,
                                             Defendant.
                                                                             x

                    KENNETH E. PITCOFF, an attorney duly admitted to practice law in the Courts of the

          State of New York, hereby affirms the following to be true under the penalties of perjury and

           pursuant
               to CPLR:

                      1       I am an attormey associated with the law firm of Morris Duffy Alonso & Faley,

          attorneys for the defendant Village of Nyack (hereinafter “Village”), and as such, am fully



                      2       This Affirmation is submitted in support of the within application for an Order

          pursuant to CPLR        § 602, consolidating the above entitled action for discovery and joint trial with

            the action entitled            trazz            LBL   Street_Vent, ITE            pending
                                                                                                 in the Supreme

            Court, Rockland County under Index Number 030865/2015(e)

                      3       The above entitled actions were brought to recover damages for personal injuries

           allegedly sustained by plaintiff in an accident which occurred on December 19, 2014 at the

          premises located at 138 Main Street, Nyack, New York in the County of Rockland.

                      4       Plaintiff commenced this action by filing and service of a Summons and Verified

            Complaint
                on June 24, 2015. Defendant Village of Nyack joined issue by Answer dated July 9,

            2015.     A copy of the Summons and Complaint and Answer in this action are annexed hereto as

            Exhibit “A”.

                      5.       The action of Paula Strazza v. 138 Main Street Ventures, LLC was commenced in
           Supreme Court, Rockland County by service of Summons and Complaint on or about February
27, 2015. Defendant 138 Main Street Ventures, LLC joined issue in this action by Answer

 dated
   May 12, 2015.            A copy of the Summons and Complaint and Answer in that action are

annexed hereto as Exhibit
                       “B”.

        6.     These actions arise out of the same occurrence and involve the same questions of

law and fact. It is respectfully requested that this Honorable Court issue an Order of true

 consolidation
       for these cases.

        7.     The caption should read as follows:

 SUPREME COURT OF THE STATE OF NEW YORK
 COUNTY OF ROCKLAND
                                                            X
 PAULA STRAZZA,                                                 Index No.: 032697/2015
                                 Plaintiff,
                -against-

 VILLAGE OF NYACK,
                                 Defendant.
                                                            Xx
 PAULA STRAZZA,                                                  Index No.: 030865/2015(e)

                                 Plaintiff,
                -against-
 138 MAIN STREET VEBTURES, LLC,

                                  Defendant.
                                                        X


         8      Consolidation will greatly foster judicial economy and will not in any way

prejudice any of the parties to either action.

         9.    There has been no previous application for this or any other Court for the same or
WHEREFORE, it is respectfully submitted that an Order should be issued for a true

consolidation of the above entitled actions, together with such other and further relief as this

Court may deem just and proper.

Dated: New York, New York


                                                       ech f--
        August
           8, 2015