On February 24, 2015 a
Order
was filed
involving a dispute between
Claudia Hernandez,
and
Alberto Bonilla Penado,
Juan Cruz,
Kenia Rios,
for Tort
in the District Court of Suffolk County.
Preview
INDEX NO. 601815/2015
FILED: SUFFOLK COUNTY CLERK 0272372016 12:30 PM
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/23/2016
Short Form Order
SUPREME COURT - STATE OF NEW YORK
LA.S. PART 7 - SUFFOLK COUNTY
PRESENT:
WILLIAM B. REBOLINI
Justice
Claudia Hernandez, Action #1
Plaintiff,
-against- Index No.: 601815/2015E
Kenia Rios, Juan Cruz
and Albert Bonilla Penado,
{Attorneys See Rider Annexed
Defendant.
Alberto Bonilla Penado, Action #2
Plaintiff, Index No.: 602212/2015E
-against-
Motion Sequence No,: 001; MG
Juan Cruz and Kenia Rios, Motion Date: 10/29/15
Submitted: 11/18/15
Defendants.
Upon the following E-File document list numbered 1 to 14 read upon this motion for an
order directing a joint trial; it is
ORDERED that this unopposed motion by Juan Cruz and Kenia Rios, defendants in Action
No. 1 and Action No. 2, is granted to the extent it seeks an order joining Action No. 1 under index
number 601815/2015 and Action No. 2 under index number 602212/2015 for discovery purposes
and trial pursuant to CPLR 602(a); and it is further
ORDERED that a compliance conference in these joined actions will be held on
Wednesday, May 4, 2016 at 9:30 AM.
Penado v. Cruz-Rios
Index No.: 602212/2015
Page 2
Plaintiffs in these actions seek recovery of damages for personal injuries allegedly sustained
as the result of a motor vehicle accident on August 17, 2014. Action No. 1, which is entitled
Hernandez v Rios, was commenced by the filing ofa summons and complaint on February 24, 2015.
Action No. 2, which is entitled Penade v Cruz, was commenced by the filing of a summons and
complaint on March 6, 2015. Since the actions arise from the same incident and involve common
questions of fact, a joint trial is appropriate to avoid inconsistent verdicts and unnecessary
duplication of proceedings (see Brown v Cope Bestway Express, Inc., 99 AD3d 746, 952 NYS2d
220 [2d Dept 2012]; see also Whiteman v Parsons Transp. Group of N. Y., Inc., 72 AD3d 677, 900
NYS2d 8d7 [2d Dept 2010]). The parties shall proceed expeditiously to complete discovery
proceedings and all parties shall exchange any materials previously received through pretrial
disclosure with any party so demanding. All matters of trial practice are reserved to the justice
presiding at the trial.
Movants are directed to serve a copy of this order on the Calendar Clerk of this Court.
ud
Y
Dated: afppe le
HON. WILLIAM B. REBOLINI, J.S.C.
FINAL DISPOSITION, X NON-FINAL DISPOSITION
RIDER
Attorney for Plaintiff: Clerk of the Court
(Action #1)
Robert Zafonte, Jr., Esq.
215 Uniondale Avenue
Uniondale, NY 11553
Attorney for Defendants
Kenia Rios and Juan Cruz:
(Action #1 and Action #2)
Dodge & Monroy, P.C.
175 Pinelawn Road, Suite 105
Melville, NY 11747
Attorney for Defendant Albert Bonilla Penado:
(Action #1)
Burns & Nallan, Esqs.
225 Broadholiow Road, Suite 401E
Melville, NY 11747
Attorney for Plaintiff Albert Bonilla:
(Action #2)
Law Office of Norley E. Castaneda, P.C.
215 Uniondale Avenue
Uniondale, NY 11553
Document Filed Date
February 23, 2016
Case Filing Date
February 24, 2015
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INDEX NO. 601815/2015 FILED: SUFFOLK COUNTY CLERK 0272372016 12:30 PM NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/23/2016 Short Form Order SUPREME COURT - STATE OF NEW YORK LA.S. PART 7 - SUFFOLK COUNTY PRESENT: WILLIAM B. REBOLINI Justice Claudia Hernandez, Action #1 Plaintiff, -against- Index No.: 601815/2015E Kenia Rios, Juan Cruz and Albert Bonilla Penado, {Attorneys See Rider Annexed Defendant. Alberto Bonilla Penado, Action #2 Plaintiff, Index No.: 602212/2015E -against- Motion Sequence No,: 001; MG Juan Cruz and Kenia Rios, Motion Date: 10/29/15 Submitted: 11/18/15 Defendants. Upon the following E-File document list numbered 1 to 14 read upon this motion for an order directing a joint trial; it is ORDERED that this unopposed motion by Juan Cruz and Kenia Rios, defendants in Action No. 1 and Action No. 2, is granted to the extent it seeks an order joining Action No. 1 under index number 601815/2015 and Action No. 2 under index number 602212/2015 for discovery purposes and trial pursuant to CPLR 602(a); and it is further ORDERED that a compliance conference in these joined actions will be held on Wednesday, May 4, 2016 at 9:30 AM. Penado v. Cruz-Rios Index No.: 602212/2015 Page 2 Plaintiffs in these actions seek recovery of damages for personal injuries allegedly sustained as the result of a motor vehicle accident on August 17, 2014. Action No. 1, which is entitled Hernandez v Rios, was commenced by the filing ofa summons and complaint on February 24, 2015. Action No. 2, which is entitled Penade v Cruz, was commenced by the filing of a summons and complaint on March 6, 2015. Since the actions arise from the same incident and involve common questions of fact, a joint trial is appropriate to avoid inconsistent verdicts and unnecessary duplication of proceedings (see Brown v Cope Bestway Express, Inc., 99 AD3d 746, 952 NYS2d 220 [2d Dept 2012]; see also Whiteman v Parsons Transp. Group of N. Y., Inc., 72 AD3d 677, 900 NYS2d 8d7 [2d Dept 2010]). The parties shall proceed expeditiously to complete discovery proceedings and all parties shall exchange any materials previously received through pretrial disclosure with any party so demanding. All matters of trial practice are reserved to the justice presiding at the trial. Movants are directed to serve a copy of this order on the Calendar Clerk of this Court. ud Y Dated: afppe le HON. WILLIAM B. REBOLINI, J.S.C. FINAL DISPOSITION, X NON-FINAL DISPOSITION RIDER Attorney for Plaintiff: Clerk of the Court (Action #1) Robert Zafonte, Jr., Esq. 215 Uniondale Avenue Uniondale, NY 11553 Attorney for Defendants Kenia Rios and Juan Cruz: (Action #1 and Action #2) Dodge & Monroy, P.C. 175 Pinelawn Road, Suite 105 Melville, NY 11747 Attorney for Defendant Albert Bonilla Penado: (Action #1) Burns & Nallan, Esqs. 225 Broadholiow Road, Suite 401E Melville, NY 11747 Attorney for Plaintiff Albert Bonilla: (Action #2) Law Office of Norley E. Castaneda, P.C. 215 Uniondale Avenue Uniondale, NY 11553