Burmicky v. Ramen Meijin, Inc.

2025 NY Slip Op 32103(U)

• Court: New York Supreme Court, New York County
• Decided: June 12, 2025
• Docket: Index No. 160367/2024
• Status: Unpublished

Opinion

Burmicky v Ramen Meijin, Inc. 2025 NY Slip Op 32103(U) June 12, 2025 Supreme Court, New York County Docket Number: Index No. 160367/2024 Judge: Hasa A. Kingo Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. INDEX NO. 160367/2024 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 06/12/2025

SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. HASA A. KINGO PART 05M Justice ---------------------------------------------------------------------------------X INDEX NO. 160367/2024 PATRICIA BURMICKY, MOTION DATE 05/06/2025 Plaintiff, MOTION SEQ. NO. 001 -v- RAMEN MEIJIN, INC.,PCS MANAGEMENT, LLC DECISION + ORDER ON MOTION Defendant. ---------------------------------------------------------------------------------X

The following e-filed documents, listed by NYSCEF document number (Motion 001) 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 were read on this motion to/for CONSOLIDATE/JOIN FOR TRIAL .

Upon the foregoing documents, it is ORDERED that the motion brought by Defendant

Ramen Meijin, Inc. (“RMI”) to consolidate this action, Index No.: 160367/2024 (Action #2), with

a related action pending in this court, the Supreme Court, New York County, bearing Index No.:

153590/2024 (Action #1) is granted without opposition. RMI argues that consolidation pursuant

to CPLR § 602 is proper because both actions arise from identical facts and circumstances and

involve common questions of law and fact.

CPLR §602 states that “[w]hen actions involving a common question of law or fact are

pending before a court, the court, upon motion … may order the actions consolidated.” A motion

to consolidate is addressed to the sound discretion of the trial court (Progressive Ins. Co. v

Vasquez, 10 AD3d 518, 519 [1st Dept 2004]). “There is a preference to join cases for discovery

and trial in the interests of judicial economy and ease of decision-making where there are common

questions of law and fact” between the two actions involved (Lema v 1148 Corp., 176 AD3d 653,

654 [1st Dept 2019]). Absent a showing of prejudice to a substantial right by a party opposing the

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motion, consolidation should be granted where common questions of fact or law exist (Lema, 176

AD3d at 654).

Here, it is undisputed that both actions arise from an incident that purportedly occurred on

June 27, 2023. Specifically, Plaintiff alleges that she was injured when she fell from her bike near

2nd Avenue between 82nd and 81st Street because of a hazardous condition in the bike lane. Thus,

both actions arise out of the same accident and involve the same questions of law and fact.

Additionally, there is no opposition to the motion and no showing of prejudice to a substantial

right. Moreover, discovery is in its infancy and depositions have not been held. Therefore, a full

consolidation of the two actions will minimize court expense, as well as the time witnesses and

parties must appear, and will expedite discovery while avoiding duplicate testimony.

Accordingly, it is hereby

ORDERED that the motion is granted and the above-captioned action is consolidated in

this court into PATRICIA BURMICKY vs. THE CITY OF NEW YORK, Index No. 153590/2024

(Action #1), pending in this court; and it is further

ORDERED that the consolidation shall take place under Index No. 153590/2024 (Action

#1) and the consolidated action shall bear the following caption:

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------X Index No.: 153590/2024 PATRICIA BURMICKY,

Plaintiff,

-against-

THE CITY OF NEW YORK, RAMEN MEIJIN, INC., and PCS MANAGEMENT, LLC,

Defendants. -------------------------------------------------------------------X

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And it is further

ORDERED that the pleadings in the actions hereby consolidated shall stand as the

pleadings in the consolidated action; and it is further

ORDERED that, within 30 days from entry of this order, movant shall serve a copy of this

order with notice of entry on all parties, and file same under Index No. 153590/2024 (Action #1)

and Index No. 160367/2024; and it is further

ORDERED that, within 30 days from entry of this order, movant shall serve a copy of this

order with notice of entry on the Clerk of the Court, who shall consolidate the documents in the

actions hereby consolidated and shall mark his records to reflect the consolidation; and it is further

ORDERED that counsel for the movant shall contact the staff of the Clerk of the Court to

arrange for the effectuation of the consolidation hereby directed; and it is further

ORDERED that service of this order upon the Clerk of the Court shall be made in

accordance with the procedures set forth in the Protocol on Courthouse and County Clerk

Procedures for Electronically Filed Cases (accessible at the “E-Filing” page on the court’s

website); and it is further

ORDERED that, as applicable and insofar as is practical, the Clerk of this Court shall file

the documents being consolidated into Index No. 153590/2024 in the New York State Courts

Electronic Filing System or make appropriate notations of such documents in the e-filing records

of the court so as to ensure access to the documents in the consolidated action; and it is further

ORDERED that, within 30 days from entry of this order, movant shall serve a copy of this

order with notice of entry on the Clerk of the General Clerk’s Office, who is hereby directed to

reflect the consolidation by appropriately marking the court's records; and it is further

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ORDERED that, within 30 days from entry of this order, movant shall serve a copy of this

order with notice of entry on the County Clerk pursuant to CPLR § 8019(c), who shall consolidate

the documents in the actions hereby consolidated and shall mark his records to reflect the

consolidation; and it is further

ORDERED that such service upon the Clerk of the General Clerk’s Office and the County

Clerk shall be made in accordance with the procedures set forth in the aforesaid Protocol; and it is

further

ORDERED that the Clerk is directed to schedule this matter for a preliminary conference

in the Differentiated Case Management Part on the earliest available date, upon Plaintiff filing a

request for the same.

This constitutes the decision and order of the court.

6/12/2025 DATE HASA A. KINGO, J.S.C. CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION

X GRANTED DENIED GRANTED IN PART OTHER

APPLICATION: SETTLE ORDER SUBMIT ORDER

CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE

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