Preview
FILED: NEW YORK COUNTY CLERK 05/27/2020 03:15 PM INDEX NO. 157015/2019
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 05/27/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------------------------------------------X
MARGHERITA CLARK,
Action No. 1
Plaintiff, Index No.: 157015/2019
-against- AFFIRMATION IN
SUPPORT OF
ISAK BAJRAMOVIC, RASIER-NY, LLC, UBER MOTION TO
TECHNOLOGIES, INC., AND RASIER LLC RASIER, CONSOLIDATE
Defendants. Hon. Adam Silvera
-------------------------------------------------------------------------X
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
-------------------------------------------------------------------------X
CATHERINE A. FLOOD,
Action No. 2
Plaintiff, Index No.: 611660/2019
-against-
ISAK BAJRAMOVIC AND MARGHERITA S. CLARK,
Defendants.
-------------------------------------------------------------------------X
Robert J. Finley, Esq., an attorney duly admitted to practice law before the courts of the
State of New York, affirms upon information and belief the truth of the following under penalty
of perjury:
1. I am an attorney with the law firm of Hinshaw & Culbertson LLP, attorneys for
defendant, Isak Bajramovic (“Defendant”), and as such, am familiar with the facts and
circumstances herein of this action.
2. This affirmation is respectfully submitted in support of the within application for
consolidation of the above-entitled Action Nos. 1 and 2 for the purpose of joint trial and joint
discovery, and transferring Action No. 2 from Supreme Court, Nassau County to Supreme Court,
1 of 3
FILED: NEW YORK COUNTY CLERK 05/27/2020 03:15 PM INDEX NO. 157015/2019
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 05/27/2020
New York County, pursuant to Section 602 of the New York Civil Practice Law and Rules
(“CPLR”).
3. All of the above-captioned actions arise from the same motor vehicle accident
which took place on January 19, 2019.
4. Action No. 1 has been instituted to recover for personal injuries alleged to have
been sustained by MARGHERITA CLARK, as a result of a motor vehicle accident which
occurred on January 19, 2019. A copy of the police report is annexed hereto as Exhibit A.
5. Action No. 1 was commenced by the filing of a summons and complaint on July
17, 2019 and service upon the moving defendants on or about August 5, 2019 and November 1,
2019; issue was thereafter joined by the service of said defendants’ answers on or about October
22, 2019 and January 2, 2020. Copies of the summons and complaint of Action No. 1 and
defendants’ answers are annexed hereto as Exhibit B.
6. Action No. 2 has been instituted to recover for personal injuries alleged to have
been sustained by CATHERINE A. FLOOD, as a result of the same motor vehicle accident as
described in Action No. 1.
7. Action No. 2 was commenced by the filing of a summons and complaint on
August 23, 2019 and service upon the moving defendants on or about September 10, 2019 and
September 12, 2019; issue was thereafter joined by the service of said defendants’ answers on or
about September 24, 2019 and January 3, 2020. Copies of the summons and complaint of Action
No. 2 and defendants’ answers are annexed hereto as Exhibit C.
8. The underlying issues in each of the above-captioned actions arise out of a single
common accident; the issues to be resolved are the same with respect to both actions; the
witnesses and parties in both actions are virtually identical. In light of the above, and the fact that
a joint trial and joint discovery will minimize court time and expense, as well as that of the
2 of 3
FILED: NEW YORK COUNTY CLERK 05/27/2020 03:15 PM INDEX NO. 157015/2019
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 05/27/2020
parties and witnesses, it is respectfully submitted that a joinder of both action is warranted and in
the best interests of justice.
9. There has been no prior application for the relief requested herein.
WHEREFORE, it is respectfully requested that an Order be made and entered herein
consolidating Action Nos. 1 and 2 in the Supreme Court, New York County, for the purpose of a
joint trial, transferring Action No. 2 from Supreme Court, Nassau County to Supreme Court,
New York County, and for such other and further relief as to this Court may be deemed just and
and proper.
Dated: New York, New York
May 21, 2020
__________________________
Robert J. Finley, Esq.
HINSHAW & CULBERTSON LLP
3 of 3
Preview
FILED: NEW YORK COUNTY CLERK 05/27/2020 03:15 PM INDEX NO. 157015/2019 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 05/27/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------------X MARGHERITA CLARK, Action No. 1 Plaintiff, Index No.: 157015/2019 -against- AFFIRMATION IN SUPPORT OF ISAK BAJRAMOVIC, RASIER-NY, LLC, UBER MOTION TO TECHNOLOGIES, INC., AND RASIER LLC RASIER, CONSOLIDATE Defendants. Hon. Adam Silvera -------------------------------------------------------------------------X SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -------------------------------------------------------------------------X CATHERINE A. FLOOD, Action No. 2 Plaintiff, Index No.: 611660/2019 -against- ISAK BAJRAMOVIC AND MARGHERITA S. CLARK, Defendants. -------------------------------------------------------------------------X Robert J. Finley, Esq., an attorney duly admitted to practice law before the courts of the State of New York, affirms upon information and belief the truth of the following under penalty of perjury: 1. I am an attorney with the law firm of Hinshaw & Culbertson LLP, attorneys for defendant, Isak Bajramovic (“Defendant”), and as such, am familiar with the facts and circumstances herein of this action. 2. This affirmation is respectfully submitted in support of the within application for consolidation of the above-entitled Action Nos. 1 and 2 for the purpose of joint trial and joint discovery, and transferring Action No. 2 from Supreme Court, Nassau County to Supreme Court, 1 of 3 FILED: NEW YORK COUNTY CLERK 05/27/2020 03:15 PM INDEX NO. 157015/2019 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 05/27/2020 New York County, pursuant to Section 602 of the New York Civil Practice Law and Rules (“CPLR”). 3. All of the above-captioned actions arise from the same motor vehicle accident which took place on January 19, 2019. 4. Action No. 1 has been instituted to recover for personal injuries alleged to have been sustained by MARGHERITA CLARK, as a result of a motor vehicle accident which occurred on January 19, 2019. A copy of the police report is annexed hereto as Exhibit A. 5. Action No. 1 was commenced by the filing of a summons and complaint on July 17, 2019 and service upon the moving defendants on or about August 5, 2019 and November 1, 2019; issue was thereafter joined by the service of said defendants’ answers on or about October 22, 2019 and January 2, 2020. Copies of the summons and complaint of Action No. 1 and defendants’ answers are annexed hereto as Exhibit B. 6. Action No. 2 has been instituted to recover for personal injuries alleged to have been sustained by CATHERINE A. FLOOD, as a result of the same motor vehicle accident as described in Action No. 1. 7. Action No. 2 was commenced by the filing of a summons and complaint on August 23, 2019 and service upon the moving defendants on or about September 10, 2019 and September 12, 2019; issue was thereafter joined by the service of said defendants’ answers on or about September 24, 2019 and January 3, 2020. Copies of the summons and complaint of Action No. 2 and defendants’ answers are annexed hereto as Exhibit C. 8. The underlying issues in each of the above-captioned actions arise out of a single common accident; the issues to be resolved are the same with respect to both actions; the witnesses and parties in both actions are virtually identical. In light of the above, and the fact that a joint trial and joint discovery will minimize court time and expense, as well as that of the 2 of 3 FILED: NEW YORK COUNTY CLERK 05/27/2020 03:15 PM INDEX NO. 157015/2019 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 05/27/2020 parties and witnesses, it is respectfully submitted that a joinder of both action is warranted and in the best interests of justice. 9. There has been no prior application for the relief requested herein. WHEREFORE, it is respectfully requested that an Order be made and entered herein consolidating Action Nos. 1 and 2 in the Supreme Court, New York County, for the purpose of a joint trial, transferring Action No. 2 from Supreme Court, Nassau County to Supreme Court, New York County, and for such other and further relief as to this Court may be deemed just and and proper. Dated: New York, New York May 21, 2020 __________________________ Robert J. Finley, Esq. HINSHAW & CULBERTSON LLP 3 of 3