x SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU x

Transcription

1 Present: SUPREME COURT - STATE OF NEW YORK HON. DANIEL PALMIERI Acting Justice Supreme Court x YOLANDA SCOTT, METROPOLITAN TRASPORTATION AUTHORITY, METROPOLITAN SUBURBAN BUS AUTHORITY, a/k/a MTA LONG ISLAND BUS, and MOHAMED SAHEED a/k/a MOHAMED SHAHEED, and COUNTY OF NASSAU x METROPOLITAN SUBURAN BUS AUTHORITY, a/k/a MTA LONG ISLAND BUS, and MOHAMED SAHEED a/k/a MOHAMED SHAEED Third-Party Plaintiffs, Index No.: 13189/03 Action No. 1 MOTION DATE: SUBMIT DATE: SEQ. NUMBER CUMMS, INC., CUMMINS ENGINE COMPAN, INC. DAIMLERCHRYSLER, CORP., DAIMLERCHRYSLER COMMERCIAL BUSES NORTH AMERICA, and ORION BUS INUSTRIES, INC., Third-Party x SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ANTHONY COUSINS an infant over the age of (14) Fourteen years, by his mln/g/ CONNETT A COUSINS and CONNETTA COUSINS, Individually, Plaintiffs, Index No.: 17233/03 Action No. MOHAMED SAHEED and METROPOLITAN SUBURBAN BUS AUTHORITY, x

2 ". MTA-LONG ISLAND BUS s/h/a METROPOLITAN SUBURAN BUS AUTHORITY and MOHAMED SAHEED, Third-Party Plaintiffs, CUMMINS, INC., CUMMINS ENGINE COMPANY, INC., and ORION BUS INDUSTRIES, INC. Third-Party Defendants x SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU x DESMOND KELLY and AMADA KELLY, an infant under the age of 18 years, by and through her mother and natural guardian, YVONNE STOKES-KELLY, Plaintiffs, Index No.: 2072/04 Action No. MOHAMED SAHEED and METROPOLITAN SUBURAN BUS AUTHORITY d/b/a MTA LONG ISLAN BUS a/k/a MSBA, x MTA-LONG ISLAND BUS s/h/a METROPOLITAN SUBURAN BUS AUTHORITY and MOHAMED SAHEED, Third-Party Plaintiffs, CUMMS, INC., CUMNS ENGINE COMP ANY, INC., and ORION BUS INDUSTRIES, INC. Third-Party Defendants, x

3 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU LOUIS JOUBIN, x Plaintiffs, METROPOLITAN SUBURBAN BUS AUTHORITY, d/b/a MTA-LONG ISLAND BUS, METROPOLITAN TRASPORTATION AUTHORITY, and MOHAMED SAHEED a/k/a MOHAMED SHAHEED, x MTA-LONG ISLAND BUS s/h/a METROPOLITAN SUBURAN BUS AUTHORITY and MOHAMD SAHEED, Third-Party Plaintiffs, CUMNS, INC., CUMINS ENGINE COMPAN, INC., and ORION BUS INUSTRIES, INC., Third-Party Defendants, x The following papers having been read on this motion: Notice of Motion, dated Affirmation, dated Affirmation, dated Affirmation, dated Reply Affirmation, dated Index No. 3829/04 Action No. Upon the motion of attorneys for Saheed, Metropolitan and Suburban Bus Authority, defendants in all actions, for an Order, pursuant to CPLR 602 seeking to consolidate the above-captioned actions and upon reading the foregoing papers, it is NOW ORDERED, that this motion seeking to consolidate all actions is granted, the actions shall be consolidated.

4 These actions arise from the same accident which occurred on Februar In all actions Summons and Complaints have been served and Answered and none of the actions have yet been noticed for trial. In Action 1, a second amended complaint has been served naming Cummins, Inc., Cummins Engine Company, Inc., and Orion Bus Industries Inc., as defendants hence they are no longer third-part defendants as to the claims of plaintiff Scott. The allegation ofthe third-par complaint shall now be deemed cross-claims and to the extent previously denied said cross-claims shall be deemed further denied without necessity of new pleadings. The third-part complaints and answers in Actions 2, 3, and 4 remain. By Court ordered stipulations the par actions in Action 1 against Daimlerchrsler Corp., and Daimlerchrsler Commercial Buses North America have been discontinued and they are no longer third-par defendants. Preliminar conferences and compliances have been held and have been furter scheduled and discovery is in progress as to all actions. As upon trial, common questions oflaw and facts wil arise, the time ofthe witnesses, jurors, paries and the Court wil be used more efficiently if they are consolidated. Therefore it is ORDERED that the actions are consolidated and it is furter ORDERED, that all paries shall serve upon any par so demanding copies of disclosure documents heretofore obtained and it is further ORDERED that the consolidated action shall bear the caption as set fort below:

5 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU x YOLANDA SCOTT, ANTHONY COUSINS, CONNETTA COUSINS, DESMOND KELLY AMNDA KELLY, YVONNE STOKES - KELLY, MTA-LONG ISLAND BUS S/HA METROPOLITAN BUS AUTHORITY MOHAMED SAHEED LOUIS JOUBIN, TRIAL PART: 32 NASSAU COUNTY INDEX NO: 13189/03 Plaintiffs, METROPOLITAN TRANSPORTATION AUTHORITY, METROPOLITAN SUBURBAN BUS AUTHORITY, a/k/a MTA LONG ISLAND BUS, MOHAMED SAHEED a/k/a MOHAMED SHAHEED, COUNTY OF NASSAU, CUMMS, INC. CUMINS ENGINE COMPANY, INC., ORION BUS INUSTRIES, INC x METROPOLITAN TRANSPORTATION AUTHORITY, METROPOLITAN SUBURAN BUS AUTHORITY, a/k/a MTA LONG ISLAND BUS, MOHAMD SAHEED a/k/a MOHAMED SHAEED, Third-Party Plaintiffs AS TO COUSINS ACTION CUMINS, INC., CUMS ENGINE COMPANY, INC. ORION BUS INUSTRIES, INC. Third-Party Defendants

6 x METROPOLITAN TRASPORTATION AUTHORITY,. METROPOLITAN SUBURAN BUS AUTHORITY, a/k/a M'JA LONG ISLAND BUS, MOHAMED SAHEED a/k/a MOHAMED SHAHEED Third-Party Plaintiffs AS TO KELLY ACTION CUMMINS, INC., CUMMINS ENGINE COMPANY, INC., ORION BUS INUSTRIES, INC. Third-Party Defendants x METROPOLITAN TRASPORTATION AUTHORITY, METROPOLITAN SUBURBAN BUS AUTHORITY, a/k/a MTA LONG ISLAND BUS, MOHAMED SAHEED a/k/a MOHAMED SHAHEED, Third-Party Plaintiffs AS TO JOUBIN ACTION CUMMIS, INC., CUMMS ENGINE COMPAN, INC., ORION BUS INDUSTRIES, INC. Third-Party Defendants x and it is further ORDERED, that all matters of trial practice, including the right to open and close are reserved to the Justice presiding at the trial, and it is further it is further ORDERED, that all papers shall reflect the consolidated status of these actions, and ORDERED, that each par shall be entitled to enter separate Judgments and Bils

7 of Costs and Disbursements, in each action respectively, if costs are allowed, and it is fuer, ORDERED, that the undersigned shall remain the LA.S. Justice in all actions, and it is further ORDERED, that the Movant shall serve within 30 days, a copy of this Order upon all parties to all actions upon receipt of a copy of this order from any source and upon the Clerk of the Supreme Court of Nassau County, and upon receipt of this Order, the Nassau County Clerk is directed to join the fies, and it is further ORDERED, that a joint Pre-trial Conference shall be held in this part in the Nassau County Supreme Courthouse, 100 Supreme Court Drive, Mineola, NY 11501, Third Floor on October at 9:30 A.M. No adjourents of this conference wil be permitted absent the permission of this Cour. All paries are forewared that failure to attend the above scheduled conference may result in the dismissal of pleadings (see 22 NYCRR ) or monetary sanctions (22NYCRR et seq). The conference presently scheduled for Action Number 1 on September 22, 2004 is cancelled. This constitutes the Decision and Order of this Court. DATED: June ENTER HON. DANIEL PALMIERI Acting J. TO: GAI GAI CONASON STEIGMAN & MACKAUF Attorneys for Plaintiff, YOLANA SCOTT 80 Pine Street New York, NY (718) E:N-rt: JUN 2 2 cau# Z004 UutV rr. irk' S OFFiCe

8 STRONGIN ROTHMAN & ABRAS, LLP Attorneys for Third-Par Defendants CUMMIS, INC. and CUMMINS ENGIN COMPANY, INC. 50 Broadway, Suite 2003 New York, NY WILSON ELSER MOSKOWITZ EDELMAN & DICKER, LLP Attorneys for Third-Part Defendants DAILERCHRYSLER, CORP. DAIMLERCHRYSLER COMMERCIAL BUSES NORTH AMERICA, and ORION BUS INUSTRIS, INe. 150 East 42 Street New York, NY (212) Ganett Drive White Plains, New York (914) BONGIORNO & BONGIORNO, LLP Attorney for Plaintiffs, ANTHONY and CONNETT A COUSINS 600 Old Countr Road, Suite 224 Garden City, NY (516) CHRISTOPHER C. BRAGOLI & ASSOCIATES, P. Attorney for Plaintiffs Desmond and Amanda KELLY 150 Broad Hollow Road, Suite 320 Melvile, NY (631) HAER & HABER Attorney for Plaintiff JOUBIN 1205 Frankin Avenue Garden City, NY (516) LORNA GOODMAN, ESQ. Nassau County Attorney One West Street Mineola, NY ATT: CATHERIE N. GRAY, OF COl;SEL (516) SCIRTTA & VENTERIA, LLP Attorney for MTA-LONG ISLAN BUS & MOHAMED SAHEED 77 Tompkins Circle Staten Island, New York (718)