Preview
FILED: NEW YORK COUNTY CLERK 05/05/2020 12:18 PM INDEX NO. 150428/2019
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 05/05/2020
(PRG) 69377
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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FREDERICK REAVES,
Plaintiff, NOTICE OF MOTION
-against-
Index No.: 150428/2019
MARC J. LUST,
Defendant.
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PLEASE TAKE NOTICE that, upon the annexed Affirmation of EDWARD J.
HARRINGTON, dated May 5, 2020, and upon all pleadings and proceedings heretofore had
herein, the undersigned will move this Court at the Motion Support Office (Room 130) of the
Supreme Court of the State of New York, County of New York, at the Courthouse located at
60 Centre Street, New York, New York 10007, on the 17th day of June, 2020, at 9:30 o’clock
in the forenoon of that day or as soon thereafter as counsel can be heard for an Order pursuant to
CPLR §602, consolidating the above entitled action for all purposes with the action of Jason
Jenkins v. Marc J. Lust, Supreme Court, New York County, under Index No. 152412/2020,
together with such other and further relief as this Court may deem just and proper.
PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR § 2214(b), answering
Affidavits, if any, are required to be served upon the undersigned at least seven days prior to the
return date of this motion.
Dated: New York, New York
May 5, 2020
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FILED: NEW YORK COUNTY CLERK 05/05/2020 12:18 PM INDEX NO. 150428/2019
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 05/05/2020
Yours etc.,
MORRIS DUFFY ALONSO & FALEY
By: EDWARD J. HARRINGTON
Attorneys for Defendant
Office and Post Office Address
101 Greenwich Street, 22nd Floor
New York, New York 10006
(212) 766-1888
File No.: (PRG) 69377
TO: BRAGOLI & ASSOCIATES, P.C.
Attorneys for Plaintiff
FREDERICK REAVES
300 Broadhollow Road, Suite 100W
Melville, New York 11747
631-423-7755
SURIS & ASSOCIATES, P.C.
Attorneys for Plaintiff
JASON JENKINS
395 North Service Road, Suite302
Melville, New York 11747
631-423-9700
File No.: 4026985DR
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NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 05/05/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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FREDERICK REAVES,
AFFIRMATION
Plaintiff, IN SUPPORT
-against- Index No.: 150428/2019
MARC J. LUST,
Defendant.
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EDWARD J. HARRINGTON, an attorney duly admitted to practice law before all the
Courts of the State of New York, hereby affirms the following under the penalties of perjury and
upon information and belief:
1. I am a member of the firm of MORRIS DUFFY ALONSO & FALEY, attorneys
for the moving defendant, MARC J. LUST. As such, I am fully familiar with the facts and
circumstances heretofore had herein.
2. This Affirmation is submitted in support of the within application for an Order
pursuant to CPLR §602, consolidating the above entitled action for all purposes with the action of
Jason Jenkins v. Marc J. Lust, presently pending in Supreme Court, New York County, under
Index No. 152412/2020.
3. The above-entitled actions were brought to recover damages for personal injuries
allegedly sustained by the plaintiffs in a two-car motor vehicle accident that occurred on August
3, 2018.
4. The plaintiff, FREDERICK REAVES, commenced this action by filing a Summons
and Verified Complaint on January 16, 2019, a copy of which is annexed as Exhibit “A”. Moving
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NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 05/05/2020
defendant joined issue by his Answer dated February 17, 2019, a copy of which is annexed as
Exhibit “B”.
5. Thereafter, on March 4, 2020, plaintiff JENKIS filed his Summons and Verified
Complaint, a copy of which is annexed as Exhibit “C”. Moving defendant then served his Answer
to the Jenkins Complaint on April 16, 2020, a copy of which is annexed as Exhibit “D”.
6. Both the REAVES action and the JENKINS action arise out of the same motor
vehicle accident that occurred on August 3, 2018, with JENKINS being the driver of the car that
REAVES was a passenger in. It has been alleged by both plaintiffs, that the JENKINS vehicle
was struck in the rear by a vehicle owned and operated by defendant LUST.
7. Given both pending actions arise out of the same accident and involve identical
issues, it is submitted they should be consolidated, and the caption should be amended to read as
follows:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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FREDERICK REAVES and JASON JENKINS,
Plaintiffs, Index No.: 150428/2019
-against-
MARC J. LUST,
Defendant.
-------------------------------------------------------------------x
8. Consolidation will greatly foster judicial economy and will not in any way
prejudice any of the parties to either action.
WHEREFORE, it is respectfully submitted that an Order should be issued, pursuant to
CPLR § 602 for a true consolidation of the above referenced actions and that the caption should
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be amended as reflected above and this Court should grant such other and further relief as it deems
just and proper.
Dated: New York, New York
May 5, 2020
EDWARD J. HARRINGTON
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NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 05/05/2020
INDEX NO.: 150428/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
FREDERICK REAVES,
Plaintiff,
-against-
MARC J. LUST,
Defendant.
NOTICE OF MOTION and AFFIRMATION IN SUPPORT
MORRIS DUFFY ALONSO & FALEY
Attorneys for Defendant
MARK J. LUST
101 Greenwich Street - 22nd Floor
New York, New York 10006
(212) 766-1888
File No.: (PRG) 69377
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Preview
FILED: NEW YORK COUNTY CLERK 05/05/2020 12:18 PM INDEX NO. 150428/2019 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 05/05/2020 (PRG) 69377 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------X FREDERICK REAVES, Plaintiff, NOTICE OF MOTION -against- Index No.: 150428/2019 MARC J. LUST, Defendant. ----------------------------------------------------------------X PLEASE TAKE NOTICE that, upon the annexed Affirmation of EDWARD J. HARRINGTON, dated May 5, 2020, and upon all pleadings and proceedings heretofore had herein, the undersigned will move this Court at the Motion Support Office (Room 130) of the Supreme Court of the State of New York, County of New York, at the Courthouse located at 60 Centre Street, New York, New York 10007, on the 17th day of June, 2020, at 9:30 o’clock in the forenoon of that day or as soon thereafter as counsel can be heard for an Order pursuant to CPLR §602, consolidating the above entitled action for all purposes with the action of Jason Jenkins v. Marc J. Lust, Supreme Court, New York County, under Index No. 152412/2020, together with such other and further relief as this Court may deem just and proper. PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR § 2214(b), answering Affidavits, if any, are required to be served upon the undersigned at least seven days prior to the return date of this motion. Dated: New York, New York May 5, 2020 1 of 6 FILED: NEW YORK COUNTY CLERK 05/05/2020 12:18 PM INDEX NO. 150428/2019 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 05/05/2020 Yours etc., MORRIS DUFFY ALONSO & FALEY By: EDWARD J. HARRINGTON Attorneys for Defendant Office and Post Office Address 101 Greenwich Street, 22nd Floor New York, New York 10006 (212) 766-1888 File No.: (PRG) 69377 TO: BRAGOLI & ASSOCIATES, P.C. Attorneys for Plaintiff FREDERICK REAVES 300 Broadhollow Road, Suite 100W Melville, New York 11747 631-423-7755 SURIS & ASSOCIATES, P.C. Attorneys for Plaintiff JASON JENKINS 395 North Service Road, Suite302 Melville, New York 11747 631-423-9700 File No.: 4026985DR 2 of 6 FILED: NEW YORK COUNTY CLERK 05/05/2020 12:18 PM INDEX NO. 150428/2019 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 05/05/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------X FREDERICK REAVES, AFFIRMATION Plaintiff, IN SUPPORT -against- Index No.: 150428/2019 MARC J. LUST, Defendant. ----------------------------------------------------------------X EDWARD J. HARRINGTON, an attorney duly admitted to practice law before all the Courts of the State of New York, hereby affirms the following under the penalties of perjury and upon information and belief: 1. I am a member of the firm of MORRIS DUFFY ALONSO & FALEY, attorneys for the moving defendant, MARC J. LUST. As such, I am fully familiar with the facts and circumstances heretofore had herein. 2. This Affirmation is submitted in support of the within application for an Order pursuant to CPLR §602, consolidating the above entitled action for all purposes with the action of Jason Jenkins v. Marc J. Lust, presently pending in Supreme Court, New York County, under Index No. 152412/2020. 3. The above-entitled actions were brought to recover damages for personal injuries allegedly sustained by the plaintiffs in a two-car motor vehicle accident that occurred on August 3, 2018. 4. The plaintiff, FREDERICK REAVES, commenced this action by filing a Summons and Verified Complaint on January 16, 2019, a copy of which is annexed as Exhibit “A”. Moving 3 of 6 FILED: NEW YORK COUNTY CLERK 05/05/2020 12:18 PM INDEX NO. 150428/2019 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 05/05/2020 defendant joined issue by his Answer dated February 17, 2019, a copy of which is annexed as Exhibit “B”. 5. Thereafter, on March 4, 2020, plaintiff JENKIS filed his Summons and Verified Complaint, a copy of which is annexed as Exhibit “C”. Moving defendant then served his Answer to the Jenkins Complaint on April 16, 2020, a copy of which is annexed as Exhibit “D”. 6. Both the REAVES action and the JENKINS action arise out of the same motor vehicle accident that occurred on August 3, 2018, with JENKINS being the driver of the car that REAVES was a passenger in. It has been alleged by both plaintiffs, that the JENKINS vehicle was struck in the rear by a vehicle owned and operated by defendant LUST. 7. Given both pending actions arise out of the same accident and involve identical issues, it is submitted they should be consolidated, and the caption should be amended to read as follows: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------x FREDERICK REAVES and JASON JENKINS, Plaintiffs, Index No.: 150428/2019 -against- MARC J. LUST, Defendant. -------------------------------------------------------------------x 8. Consolidation will greatly foster judicial economy and will not in any way prejudice any of the parties to either action. WHEREFORE, it is respectfully submitted that an Order should be issued, pursuant to CPLR § 602 for a true consolidation of the above referenced actions and that the caption should 4 of 6 FILED: NEW YORK COUNTY CLERK 05/05/2020 12:18 PM INDEX NO. 150428/2019 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 05/05/2020 be amended as reflected above and this Court should grant such other and further relief as it deems just and proper. Dated: New York, New York May 5, 2020 EDWARD J. HARRINGTON 5 of 6 FILED: NEW YORK COUNTY CLERK 05/05/2020 12:18 PM INDEX NO. 150428/2019 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 05/05/2020 INDEX NO.: 150428/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK FREDERICK REAVES, Plaintiff, -against- MARC J. LUST, Defendant. NOTICE OF MOTION and AFFIRMATION IN SUPPORT MORRIS DUFFY ALONSO & FALEY Attorneys for Defendant MARK J. LUST 101 Greenwich Street - 22nd Floor New York, New York 10006 (212) 766-1888 File No.: (PRG) 69377 6 of 6