Carroll v. BOP Greenpoint D LLC

2025 NY Slip Op 30627(U)

Opinion

Carroll v BOP Greenpoint D LLC 2025 NY Slip Op 30627(U)

February 24, 2025

Supreme Court, New York County Docket Number: Index No. 158842/2021 Judge: Mary V. Rosado

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.

NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 02/24/2025

SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY

PRESENT: HON. MARY V. ROSADO PART 33M Justice

--------------------------------------------------------------------------X INDEX NO. 158842/2021 TIMOTHY CARROLL, CYNTHIA CARROLL, MOTION DATE 11/04/2024 Plaintiff,

MOTION SEQ. NO. 001 - V -

BOP GREENPOINT D LLC, GREENPOINT LANDING ASSOCIATES, LLC, NEW LINE STRUCTURES & DECISION + ORDER ON DEVELOPMENT LLC, MOTION

Defendant.

---------------------------------------------------------------------------------X

BOP GREENPOINT D LLC, GREENPOINT LANDING Third-Party ASSOCIATES, LLC, NEW LINE STRUCTURES & Index No. 595691/2023 DEVELOPMENT LLC

Plaintiff,

-against-

URBAN PRECAST, LLC, U.S CRANE & RIGGING LLC, NYC CRANE HOIST OPERATION, LLC

Defendant.

- - - - -------------------------------------------------------X

The following e-filed documents, listed by NYSCEF document number (Motion 001) 51, 52, 53, 54, 55,

56

were read on th is motion to/for AMEND CAPTION/PLEADINGS

Upon the foregoing documents, a final submission date of January 14, 2025, there being no opposition, and good cause having been shown, Plaintiff Timothy Carroll's ("Plaintiff') motion for an Order permitting the substitution of Plaintiff, as Administrator of the Estate of Cynthia Carroll, as co-plaintiff in the place and stead of Cynthia Carroll, lifting the stay of this case, and restoring same to active status, is granted.

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NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 02/24/2025

Substitution is governed by CPLR 1015 which provides that "[i]f a party dies and the claim for or against him is not thereby extinguished the court shall order substitution of the proper parties." Here, Plaintiffs counsel provides sufficient documentary evidence to support the Court's finding that Plaintiff is the duly appointed fiduciary of Cynthia Carroll estate under the laws of New York and thus is the proper party for substitution (NYSCEF Docs. 54, 55; see TAG 380, LLC v Estate of Ronson, 69 AD3d 471, 474 [1st Dept 2010]). Moreover, the parties have filed a stipulation consenting to the substitution dated November 4, 2024 (NYSCEF Doc. 56). Thus, Plaintiff's motion is granted, the automatic stay lifted, and the matter restored to active status.

Accordingly, it is hereby, ORDERED that Plaintiffs motion pursuant to CPLR 1015(a) is granted, and Plaintiff Timothy Carroll, as Administrator of the Estate of Cynthia Carroll, is to be substituted in place and stead of Plaintiff Cynthia Carroll, deceased; and it is further

[The remainder of this page is intentionally left blank.]

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NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 02/24/2025

ORDERED that the caption of the action is amended to read as follows:

SUPREME COURT OF THE STATE OF NEW YORK -------------------------------------------------------------------------X TIMOTHY CARROLL, Individually, and TIMOTHY CARROLL, as Administrator of the Estate of Cindy (Cynthia) Carroll, Deceased,

Index No.: 158842/2021

Plaintiff,

-against-

BOP GREENPOINT D LLC, GREENPOINT LANDING ASSOCIATES LLC, and NEW LINE STRUCTURES AND DEVELOPMENT LLC,

Defendants

------------------------------------------------------------------------X BOP GREENPOINT D LLC, GREENPOINT LANDING AS SOCIA TES, LLC, and NEW LINE STRUCTURES & DEVELOPMENT LLC,

Third-Party Plaintiffs,

-against-

URBAN PRECAST, LLC, U.S. CRANE & RIGGING LLC and NYC CRANE HOIST OPERATION, LLC,

Third-Party Defendants

; and it is further

ORDERED that within ten days of entry, Plaintiff shall serve a copy of this Order with notice of entry upon the Trial Support Office, and shall file the notice required by CPLR § 8019(c) and a completed Form EF-22 with the County Clerk 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 at the address www.nycourts.gov/supctmanh), and the Trial Support Office shall thereupon amend the court records accordingly; and it is further

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NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 02/24/2025

ORDERED that the automatic stay imposed by decedent Cynthia Carroll's death is hereby lifted; and it is further ORDERED that the parties are directed to meet and confer and, on or before May 26, 2025, submit a proposed compliance conference order to the Court via e-mail to sfc-part33- clerk@nycourts.gov. In the event the parties cannot agree to a proposed compliance conference order, they shall appear for an in-person compliance conference on May 28, 2025 at 9:30 a.m. in Room 442, 60 Centre Street, New York, New York; and it is further ORDERED that within 10 days of entry, counsel for Plaintiff shall serve a copy of this Decision and Order, with notice of entry, on all parties via NYSCEF.

This constitutes the Decision and Order of the Court.

2/24/2025

DATE

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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