Opinion
INDEX NO. 29346/2010
01-12-2012
STATE FARM FIRE AND CASUALTY COMPANY a/s/o AMY YEUNG, RICHARD ANGELLO and JOHN PRISCO, Plaintiff, v. ABM MANAGEMENT CORP., VILLAGE IN THE WOODS OWNERS CORP., UNITED SECURITY ALARM SERVICES INC. and SUFFOLK COUNTY WATER AUTHORITY, Defendants.
ATTORNEY FOR PLAINTIFF STATE FARM FIRE AND CASUALTY COMPANY: LAW OFFICES OF STUART D. MARKOWITZ, P.C. ATTORNEY FOR PLAINTIFF ALLSTATE INDEMNITY COMPANY: COZEN O'CONNOR PLAINTIFF: ALFRED YEUNG as Administrator of the Estate of AMY M. YEUNG, Deceased, and ALFRED YEUNG, Individually ATTORNEY FOR DEFENDANTS VILLAGE IN THE WOODS OWNERS CORP. AND ABM MANAGEMENT CORP.: MILBER MAKRIS PLOUSADIS & SEIDEN, LLP ATTORNEY FOR DEFENDANT UNITED SECURITY ALARM SERVICES INC.: FAUST GOETZ SCHENKER & BLEE TWO RECTOR STREET - 20H FLOOR ATTORNEY FOR DEFENDANT TOWN OF BROOKHAVEN: ZAKLUKIEWICZ, PUZO & MORRISSEY, LLP ATTORNEY FOR DEFENDANT SUFFOLK COUNTY WATER AUTHORITY: O'CONNOR O'CONNOR HINTZ & DEVENEY LLP ONE HUNTINGTON QUADRANGLE - SUITE 1C07
SHORT FORM ORDEF
PRESENT:
HON. JOSEPH FARNETI
Acting Justice Supreme Court
ORIG. RETURN DATE: MAY 16, 2011
FINAL SUBMISSION DATE: JUNE 23, 2011
MTN. SEQ. #: 001
MOTfON: MG
ORIG. RETURN DATE: MAY 16, 2011
FINAL SUBMISSION DATE: JUNE 23, 2011
MTN. SEQ. #: 002
CROSS-MOTION: XMD
ORIG. RETURN DATE: MAY 16, 2011
FINAL SUBMISSION DATE: JUNE 23, 2011
MTN. SEQ. #: 003
CROSS-MOTION: XMG
ORIG. RETURN DATE: MAY 16, 2011
FINAL SUBMISSION DATE: JUNE 23, 2011
MTN. SEQ. #: 004
CROSS-MOTION: XMG
ATTORNEY FOR PLAINTIFF
STATE FARM FIRE AND
CASUALTY COMPANY:
LAW OFFICES OF STUART D. MARKOWITZ, P.C.
ATTORNEY FOR PLAINTIFF
ALLSTATE INDEMNITY COMPANY:
COZEN O'CONNOR
PLAINTIFF:
ALFRED YEUNG as Administrator
of the Estate of AMY M. YEUNG, Deceased,
and ALFRED YEUNG, Individually
ATTORNEY FOR DEFENDANTS
VILLAGE IN THE WOODS OWNERS CORP.
AND ABM MANAGEMENT CORP.:
MILBER MAKRIS PLOUSADIS & SEIDEN, LLP
ATTORNEY FOR DEFENDANT
UNITED SECURITY ALARM SERVICES INC.:
FAUST GOETZ SCHENKER & BLEE
TWO RECTOR STREET - 20H FLOOR
ATTORNEY FOR DEFENDANT
TOWN OF BROOKHAVEN:
ZAKLUKIEWICZ, PUZO & MORRISSEY, LLP
ATTORNEY FOR DEFENDANT
SUFFOLK COUNTY WATER AUTHORITY:
O'CONNOR O'CONNOR HINTZ & DEVENEY LLP
ONE HUNTINGTON QUADRANGLE - SUITE 1C07
Upon the following papers numbered 1 to 16 read on these motions and cross-motions TO CONSOLIDATE. Notice of Motion and supporting papers 1-3; Notice of Cross-motion and supporting papers 4-5; Notice of Cross-motion and supporting papers 7-9; Memorandum of Law 10; Notice of Cross-motion and supporting papers 11-13; Memorandum of Law 14; Affirmation in Opposition and supporting papers 15-16; it is,
ORDERED that this motion (seq. #001) by defendant, UNITED SECURITY ALARM SERVICES INC., for an Order, pursuant to CPLR 602 (a), consolidating the above-captioned action with another action currently pending in this Part under Index No. 9541/2011, entitled Allstate Indemnity Company as subrogee of Kim Hickey and Allstate Insurance Company as subrogee of Robert Cook and Karen Jacobson v. ABM Management Corp., Village in the Woods Owners Corp., United Security Alarm Services, Inc., Suffolk County Water Authority and Alfred Yeung, as Administrator of the Estate of Amy Yeung, Deceased, for purposes of joint discovery and joint trial, is hereby GRANTED pursuant to a Stipulation of the parties dated June 30, 2011 and So-Ordered by this Court on even date; and it is further
ORDERED that this cross-motion (seq. #002) by defendant, SUFFOLK COUNTY WATER AUTHORITY, for an Order, pursuant to CPLR 602 (a), consolidating the above-captioned action with two other actions currently pending in this Part, to wit: under Index No. 9541/2011, entitled Allstate Indemnity Company as subrogee of Kim Hickey and Allstate Insurance Company as subrogee of Robert Cook and Karen Jacobson v. ABM Management Corp.,Village in the Woods Owners Corp., United Security Alarm Services, Inc., Suffolk County Water Authority and Alfred Yeung, as Administrator of the Estate of Amy Yeung, Deceased, and under Index No. 15227/2010, entitled Alfred Yeung as Administrator of the Estate of Amy M. Yeung, Deceased, and Alfred Yeung, Individually v. County of Suffolk, Suffolk County Water Authority, Town of Brookhaven, Village in the Woods Owners Corp. and ABM Management Corp., for purposes of joint discovery and/or joint trial, is hereby DENIED. The Court has received opposition to this application Although these three actions have common parties and questions of fact arising from a fire that occurred on February 2, 2009. at residential units located on Redwood Court in Selden, New York, the first two actions are subrogation actions seeking to recover for property damage, while the third action seeks to recover for wrongful death. Therefore, the Court finds that the questions of law differ with respect to the wrongful death action (see Beerman v Morhaim, 17 AD3d 302 [2005]; Heydt Contracting Corp. v Tishman Constr. Corp., 163 AD2d 196 [1990]; Screen Gems-Columbia Music v Hansen Pubis., 42 AD2d 897 [1973], affd 35 NY2d 885 [1974]); and it is further
ORDERED that this cross-motion (seq. #003) by defendants, ABM MANAGEMENT CORP. and VILLAGE IN THE WOODS OWNERS CORP., for an Order, pursuant to CPLR 602 (a), consolidating the above-captioned action with another action currently pending in this Part under Index No. 9541/2011, entitled Allstate Indemnity Company as subrogee of Kim Hickey and Allstate Insurance Company as subrogee of Robert Cook and Karen Jacobson v. ABM Management Corp., Village in the Woods Owners Corp., United Security Alarm Services, Inc., Suffolk County Water Authority and Alfred Yeung, as Administrator of the Estate of Amy Yeung, Deceased, for purposes of joint discovery and joint trial, is hereby GRANTEDpursuant to a Stipulation of the parties dated June 30, 2011 and So-Ordered by this Court on even date; and it is further
ORDERED that this cross-motion (seq. #004) by defendants, ABM MANAGEMENT CORP. and VILLAGE IN THE WOODS OWNERS CORP., for an Order, pursuant to CPLR 602 (a), consolidating the above-captioned action with another action currently pending in this Part under Index No. 9541/2011, entitled Allstate Indemnity Company as subrogee of Kim Hickey and Allstate Insurance Company as subrogee of Robert Cook and Karen Jacobson v. ABM Management Corp., Village in the Woods Owners Corp., United Security Alarm Services, Inc., Suffolk County Water Authority and Alfred Yeung, as Administrator of the Estate of Amy Yeung, Deceased, for purposes of joint discovery and joint trial, is hereby GRANTEDpursuant to a Stipulation of the parties dated June 30, 2011 and So-Ordered by this Court on even date.
The foregoing constitutes the decision and Order of the Court.
____________
HON. JOSEPH FARNETI
Acting Justice Supreme Court