On December 02, 2016 a
Motion-Secondary
was filed
involving a dispute between
Paul Heard,
and
10E53 Owner Llc,
Ct Construction Consultants Llc,
Eclipse Development, Inc.,
Equinox East 53Rd Street, Inc.,
Equinox Holdings Llc,
Mcgovern & Company Llc,
Sl Green Realty Corp.,
Tristate Plumbing Services Corp.,
for Torts - Other (LABOR LAW)
in the District Court of New York County.
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FILED: NEW YORK COUNTY CLERK 06/13/2019 06:41 PMINDEX NO. 160113/2016
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 06/13/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------------------------------------------------X INDEX
PAUL HEARD, [Action
Plaintiff, AFFIRMA
SUPPOR
-against-
MCGOVERN & COMPANY, LLC, SL GREEN RELATY CORP.,
53RI)
EQUlNOX EAST STREET, INC., EQUlNOX HOLDINGS I LC,
10E53 OWNER LLC, and TRISTATE PLUMBlNG
Defendants.
------.....---.-------...------------------------------X
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-
----------------------------------------------------------- -X INDEX
PAUL HEARD, [Action
Plaintiff,
-against-
CT CONSTRUCTION CONSULTANTS, LLC
and ECI IPSE DEVELOPMENT, INC.
Defendants.
---------------------------------- ---¬----------------X
DAVID L. FELD, an attorney duly admitted to practice law in the
of New York, affirms the following under the penalty of perjury:
1 of 3
FILED: NEW YORK COUNTY CLERK 06/13/2019 06:41 PMINDEX NO. 160113/2016
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 06/13/2019
Manhattan. The plaintiff was injured while descending a ten-foot ladder
construction project, when the ladder wobbled and failed, causing a p
causing him to miss last
step
of ladder and fall.
3. All of the defendants in both actions are alleged to be either
general contractors involved in the construction project at which Mr.
have separate actions will result in duplicative discovery and two separa
for the defendant CT CONSTRUCTION CONSUl.TANTS, LLC (CT)
made a motion for
summary judgment and honestly
believes that his
for plaintiff s injuries is not a reason to deny the consolidation, but rat
While CT admits that it was formally hired as the general contractor
plaintiff's accident, CT contends that it never actually began work and
Whether this is true or not can only be determined by the discovery pr
discovery has taken place. The only way to determine if CT's position
depositions of the parties that hired CT and others that were on this pr
that the entities with knowledge of the answers are only defendants in
4. PlaintitTjoins in the motion to consolidate as it is the only
duplicative discovery and not burden the court with two separate actions
occurrence. 2 of 3
FILED: NEW YORK COUNTY CLERK 06/13/2019 06:41 PMINDEX NO. 160113/2016
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 06/13/2019
New York, New York
(212) 964-4100
AVID L. FELD
TO:
LONDON FISCIIER LLP
59 Maiden Lane
New York, NY 10038
McELROY DEUTSCH MULVANEY
& CARPENTER LLP
36th
225 Liberty Street, Floor
New York, New York 10281
LAROCCA IIORNIK ROSEN
GREENBERG & BLAHA LLP
The Trump Building
32nd
40 Wall Street, Floor
New York, New York 10005
LAW OFFICE OF JAMES J TOOMEY
P.O. Box 2903
Hartford, CT 06104
,
3 of 3
Document Filed Date
June 13, 2019
Case Filing Date
December 02, 2016
Category
Torts - Other (LABOR LAW)
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FILED: NEW YORK COUNTY CLERK 06/13/2019 06:41 PMINDEX NO. 160113/2016 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 06/13/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------------X INDEX PAUL HEARD, [Action Plaintiff, AFFIRMA SUPPOR -against- MCGOVERN & COMPANY, LLC, SL GREEN RELATY CORP., 53RI) EQUlNOX EAST STREET, INC., EQUlNOX HOLDINGS I LC, 10E53 OWNER LLC, and TRISTATE PLUMBlNG Defendants. ------.....---.-------...------------------------------X SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - ----------------------------------------------------------- -X INDEX PAUL HEARD, [Action Plaintiff, -against- CT CONSTRUCTION CONSULTANTS, LLC and ECI IPSE DEVELOPMENT, INC. Defendants. ---------------------------------- ---¬----------------X DAVID L. FELD, an attorney duly admitted to practice law in the of New York, affirms the following under the penalty of perjury: 1 of 3 FILED: NEW YORK COUNTY CLERK 06/13/2019 06:41 PMINDEX NO. 160113/2016 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 06/13/2019 Manhattan. The plaintiff was injured while descending a ten-foot ladder construction project, when the ladder wobbled and failed, causing a p causing him to miss last step of ladder and fall. 3. All of the defendants in both actions are alleged to be either general contractors involved in the construction project at which Mr. have separate actions will result in duplicative discovery and two separa for the defendant CT CONSTRUCTION CONSUl.TANTS, LLC (CT) made a motion for summary judgment and honestly believes that his for plaintiff s injuries is not a reason to deny the consolidation, but rat While CT admits that it was formally hired as the general contractor plaintiff's accident, CT contends that it never actually began work and Whether this is true or not can only be determined by the discovery pr discovery has taken place. The only way to determine if CT's position depositions of the parties that hired CT and others that were on this pr that the entities with knowledge of the answers are only defendants in 4. PlaintitTjoins in the motion to consolidate as it is the only duplicative discovery and not burden the court with two separate actions occurrence. 2 of 3 FILED: NEW YORK COUNTY CLERK 06/13/2019 06:41 PMINDEX NO. 160113/2016 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 06/13/2019 New York, New York (212) 964-4100 AVID L. FELD TO: LONDON FISCIIER LLP 59 Maiden Lane New York, NY 10038 McELROY DEUTSCH MULVANEY & CARPENTER LLP 36th 225 Liberty Street, Floor New York, New York 10281 LAROCCA IIORNIK ROSEN GREENBERG & BLAHA LLP The Trump Building 32nd 40 Wall Street, Floor New York, New York 10005 LAW OFFICE OF JAMES J TOOMEY P.O. Box 2903 Hartford, CT 06104 , 3 of 3