Silverio v. Manhattan Oral Facial Surgery LLC

2026 NY Slip Op 31014(U)

• Court: New York Supreme Court, New York County
• Decided: March 16, 2026
• Docket: Index No. 805094/2025
• Status: Unpublished
• Author: Kathy J. King

Opinion

Silverio v Manhattan Oral Facial Surgery LLC 2026 NY Slip Op 31014(U) March 16, 2026 Supreme Court, New York County Docket Number: Index No. 805094/2025 Judge: Kathy J. King 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.

file:///LRB-ALB-FS1/Vol1/ecourts/Process/covers/NYSUP.8050942025.NEW_YORK.001.LBLX055_TO.html[03/24/2026 3:45:49 PM] !FILED: NEW YORK COUNTY CLERK 03/19/2026 11:57 AM! INDEX NO. 805094/2025 NYSCEF ' DOC. NO. 27 RECEIVED NYSCEF: 03/16/2026

SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. KA THY J. KING PART 06 Justice --------------------------------·------------------------- ----------------X INDEX NO. 805094/2025 ANTONIO SILVERIO MOTION DATE 12/15/2025 Plaintiff, MOTION SEQ. NO. _ __:0c.::0...:..1_ _ - V-

MANHATTAN ORAL FACIAL SURGERY LLC, DECISION + ORDER ON MOTION Defendant. ------------------------------------------------------------------- --------------X

The following e-filed documents, listed by NYSCEF document number (Motion 001) 21, 22, 23, 24, 25 were read on this motion to/for CONSOLIDATE/JOIN FOR TRIAL

Upon the foregoing documents, Defendant Manhattan Oral Facial Surgery, LLC

("MOFS"), in the instant action, moves, pursuant to CPLR 602(a), for an Order: (1) to consolidate

this action with the action entitled Antonio Tomas Silverio v. Austin Wilson, DMD et al, pending

in the Supreme Court, New York County, under Index No. 805492/2023, on the grounds that the

actions involve common questions of law and fact and consolidation will avoid unnecessary costs

and delay; (2) to amend the caption to reflect the consolidation.

Plaintiff does not oppose the motion.

BACKGROUND

Both actions concern allegations of dental malpractice against arising out of the extraction

of tooth# 15 as performed by Dr. Austin Wilson ("Dr. Wilson") at MOFS on October 7, 2022.

Plaintiff commenced the action against Dr. Wilson, bearing Index No. 805492/2023, by

way of filing a Summons and Complaint on November 28, 2023. Issue was joined with the filing

of a Verified Answer by Dr. Wilson.

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Plaintiff then commenced the instant action, bearing Index No. 805094/2025, by filing a

Summons and Complaint against MOFS on April 2, 2025. MOFS joined issue by way of a Verified

Answer on July 3, 2025. On July 29, 2025, Plaintiff served a verified Bill of Particulars as to

MOFS, which alleges that MOFS is vicariously liable for the tooth extraction performed by Dr.

Wilson.

MOFS now moves for an Order to consolidate this instant action with the action against

Dr. Wilson and amend the caption to reflect such consolidation.

Plaintiff does not oppose the requested relief.

DISCUSSION

"Consolidation is generally favored in the interest of judicial economy and ease of

decision-making where cases present common questions of law and fact, 'unless the party

opposing the motion demonstrates that a consolidation will prejudice a substantial right"' (Raboy

v McCrory Corp., 210 AD2d 145 [1st Dept 1994], quoting Amtorg Trading Corp. v Broadway &

56th St. Assoc., 191 AD2d 212, 213 [1st Dept 1993 ]).

Here, this action and the earlier-filed action, which both arise from the same medical

treatment rendered to the Plaintiff by medical practitioners and providers acting in concert

inevitably present common questions of law and fact (see CPLR 602; DeSilva v Plot Realty, LLC,

85 AD3d 422 [1st Dept 2011]; Kern v Shandell, Blitz, Blitz & Bookson, 58 AD3d 487 [1st Dept

2009]). The Court also notes that the motion is unopposed. Absent a showing of substantial

prejudice by the Plaintiff-which has not been made-the interests of justice and judicial economy

dictate that these matters be tried together.

Thus, Defendant's motion to consolidate is granted.

Accordingly, it is hereby

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ORDERED that this action shall be fully consolidated for all purposes into the action

entitled Antonio Tomas Silverio v. Austin Wilson, DMD et al pending in the Supreme Court, New

York County under Index No. 805492/2023; and it is further

ORDERED that the action entitled Antonio Tomas Silverio v. Austin Wilson, DMD et al,

pending in the Supreme Court, New York County, under Index No. 805492/2023 is fully

consolidated for all purposes into the instant action pending before this Court; and it is further

ORDERED that the consolidated action shall proceed under Antonio Tomas Silverio v.

Austin Wilson, DMD et al, New York County Index No. 805492/2023; and it is further

ORDERED that only one note of issue shall be required to be filed in the consolidated

action in this Court under Index No. 805492/2023; and it is further

ORDERED that the caption of the consolidated action shall be amended to read as follows:

ANTONIO TOMAS SILVERIO,

Plaintiff, Index No. 805492/2023

V

AUSTIN WILSON, DMD, DENTAL ORAL SURGERY, and MANHATTAN ORAL FACIAL SURGERY LLC,

Defendants.

and it is further

ORDERED that the Trial Support Office, the New York County Clerk's Office, and all

Court support offices shall amend their records; accordingly, and it is further

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ORDERED that within twenty (20) days of the date of this Order, Defendant Manhattan

Oral Facial Surgery LLC is to serve a copy of this Order on the Plaintiff and all parties in the action

entitled Antonio Tomas Silverio v. Austin Wilson, DMD et al, pending in the Supreme Court, New

York County, under Index No. 805492/2023, via first-class certified mail to her/his last known

address; and it is further

ORDERED that, within twenty (20) days of the date of this Order, Defendant Manhattan

Oral Facial Surgery LLC shall serve a copy of this Order upon the County Clerk and the Clerk of

the General Clerk's Office, which shall be effectuated 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.

This constitutes the Decision and Order of the Court.

3/16/2026 DATE

CHECK ONE:

APPLICATION: CASE DISPOSED GRANTED SETTLE ORDER □ DENIED § KATH NON-FINAL DISPOSITION GRANTED IN PART SUBMIT ORDER G, J.s.c{

□ OTHER

CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT □ REFERENCE

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