G.M. Canmar Residence Corp. v. Hotel 237, LLC

2025 NY Slip Op 31879(U)

• Court: New York Supreme Court, New York County
• Decided: May 28, 2025
• Docket: Index No. 151321/2024
• Status: Unpublished

Opinion

G.M. Canmar Residence Corp. v Hotel 237, LLC 2025 NY Slip Op 31879(U) May 28, 2025 Supreme Court, New York County Docket Number: Index No. 151321/2024 Judge: Debra A. James 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. 151321/2024 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 05/28/2025

SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. DEBRA A. JAMES PART 59 Justice ---------------------------------------------------------------------------------X INDEX NO. 151321/2024 G.M. CANMAR RESIDENCE CORP., MOTION DATE 05/28/2025 Plaintiff, MOTION SEQ. NO. 001 -v- HOTEL 237, LLC, DECISION + ORDER ON MOTION Defendant. ---------------------------------------------------------------------------------X

The following e-filed documents, listed by NYSCEF document number (Motion 001) 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 were read on this motion to/for DISMISSAL .

ORDER

Upon the foregoing documents, it is

ORDERED that to the extent that it seeks dismissal or a stay

of the instant action, the motion, pursuant to CPLR 3211(a)(4), of

defendant is denied; and it is further

ORDERED that to the extent that it seeks “other relief as

this Court deems just and proper”, the motion of defendant is

granted, and the above-captioned action is consolidated with Hotel

237, LLC vs. G.M. Canmar Residence, Index No. 657772/2019, pending

in this Court; and it is further

ORDERED that the consolidation shall take place under Index

No. 657772/2019 and the consolidated action shall bear the

following caption:

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_________________________________________x

Hotel 237, LLC,

Plaintiff/Counterclaim Defendant,

-against- Index No 657772/2019

G. M. Canmar Residence Corp.,

Defendant/Counterclaim Plaintiff. __________________________________________x

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 twenty (20) 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

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ORDERED that, as applicable and insofar as is practical, the

Clerk of this Court shall file the documents being consolidated in

the consolidated case file under the index number of the

consolidated action 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

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

ORDERED that such service upon the Clerk of the General

Clerk’s Office shall be made in accordance with the procedures set

forth in the aforesaid Protocol; and it is further

ORDERED that on July 30, 2025, 11:00 AM, counsel are directed

to appear for oral argument via Microsoft Teams of the papers filed

on motion sequence number 002, which, on July 1, 2024, was

previously filed and signed as an Order to Show Cause in the action

entitled G.M. Canmar Residence Corp v Hotel 237, LLC, Index No

151321/2024; and, no later than June 27, 2025, defendant in such

foregoing action shall post any opposition papers on NYSCEF; and

no later than July 18, 2025, plaintiff shall post any reply papers

in further support of such show cause order on NYSCEF.

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DECISION

See MediaAmerica, Inc v Rudnick, 156 AD2d 174 (1st Dept

1989),

“Since both actions involve the same subject matter and parties, the more appropriate action is consolidation rather than dismissal. (See, 4 Weinstein– Korn–Miller, N.Y.Civ.Prac. Par. 3211.24; Siegel, Practice Commentary C3211:19 to McKinney's CPLR 3211[a][4]; Byer, Civil Motions, (316).”

5/28/2025 DATE DEBRA A. JAMES, J.S.C. CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION

GRANTED X DENIED GRANTED IN PART OTHER

APPLICATION: SETTLE ORDER SUBMIT ORDER

CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE

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