Fontilme v. Atzmon

Decision Date15 April 2022
Docket NumberIndex HP 145/21,2022-50272
PartiesEnock Fontilme, Petitioner, v. Lisa Atzmon, Respondent, and Department of Housing Preservation and Development, Respondent.
CourtNew York Civil Court

Enock Fontilme, Petitioner,
v.
Lisa Atzmon, Respondent,

and Department of Housing Preservation and Development, Respondent.

No. 2022-50272

Index No. HP 145/21

Civil Court of the City of New York, Queens County

April 15, 2022


Unpublished Opinion

Attorney for Petitioner:

Jack L. Glasser, Esq.

Jack L. Glasser, P.C.

Attorney for Respondent Lisa Atzmon:

Robert Dembia, Esq.

Law Office of Robert Dembia, P.C.

Respondent: Department of Housing Preservation and Development,

Housing Litigation Bureau

CLINTON J. GUTHRIE, J.

Recitation, as required by CPLR § 2219(a), of the papers considered in the review of respondent Lisa Atzmon's motion, pursuant to Civil Court Act § 1001 and CPLR § 602, to consolidate the instant harassment case with a holdover proceeding, index number L & T 305160/21.

Papers Numbered

Notice of Motion & Affidavit/Affirmation Annexed 1 (NYSCEF No.59-60)

Affirmation in Opposition 2 (NYSCEF #61)

Upon the foregoing cited papers, the decision and order on respondent's motion to consolidate is as follows.

PROCEDURAL HISTORY

This harassment HP action was commenced by pro se order to show cause in March 2021. Both parties then retained counsel and respondent moved for summary judgment and dismissal, and to supplement and amend the answer. By Decision/Order dated July 29, 2021, Judge Maria Ressos denied the portion of respondent's motion seeking summary judgment and dismissal but granted respondent's request to supplement and amend the answer. Following several more adjournments, this court held a pre-trial conference with the attorneys for the parties on February 3, 2022. A trial date of March 10, 2022 was selected. Before this trial date, however, respondent made the instant motion to consolidate pursuant to Civil Court Act § 1001 and CPLR § 602. Petitioner, through counsel, submitted opposition papers (and asked for motion costs therein). The court heard argument on the motion on March 10, 2022 and reserved decision.

DISCUSSION & CONCLUSION

While Civil Court Act § 1001 merely provides that motion practice in the court is governed by the CPLR, except as the act "otherwise provides," CPLR § 602 specifically references consolidation. Pursuant to CPLR § 602(a), "[w]hen actions involving a common question of law or fact are pending before a court, the court, upon motion, may order a joint trial of any or all the matters in issue, may order the actions consolidated, and may make such other orders...

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