SUPREME COURT - STATE OF NEW YORK
COUNTY OF NASSAU
Present:
Hon. THOMAS A. ADAMS, Justice
IAS PART 13
In the Matter of the Application of GOVERNMENT
EMPLOYEES INSURANCE COMPANY,
Petitioner(s),
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INDEX NO.294 15/99
I-----AC-I.p~~OrT._ . .
SEQ. NO. 1,2
-againstLENORE BOONE, et al.,
Respondent(s),
In the Matter of the Application of EMPIRE
INSURANCE COMPANY,
Petitioner(s),
INDEX NO. 1248 15/99
ACTION NO. 2
(NEW YORK COUNTY)
-againstLENORE BOONE, et al.,
Respondent(s),
Motion by Allstate Insurance Company for an order pursuit to CPLR 602 consolidating
action no.1 with action no.2 is denied, and in the alternative action no.2 is removed to this Court
and joined for trial with action no. 1.
The application for an order (CPLR 7503 (c)) seeking to stay an
“Under or Uninsured
Motorist ” arbitration is granted pending a resolution of the issues not disposed of raised by the
petition or response ther to. The matter is referred to the referee ’s Uninsured Motorist Part for a
conference on /C,
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If not alrea fi
y p operly served, the insurers and their insured identified as proposed
additional respondents and any other necessary parties, are hereby as party respondents provided
they are served with a copy of this order and all papers upon which is based within 15 days after
entry. Petitioner shall serve a copy of this order on the parties to the petition within 10 days after
entry.
Petitioner shall serve and file a note of issue at least 30 days prior to the conference date.
The note of issue shall be accompanied by a copy of this order together with an affidavit
indicating that service has been made on respondents and additional respondents as directed
herein. A failure to serve additional respondents or file a note of issue may be deemed an
abandonment of the proceeding.
At least 20 days prior to the conference date, additional respondent carriers who disclaim
coverages shall serve a response to the petition setting forth all defenses to coverage upon which
they rely. If cancellations is claimed, the response shall be accompanied by copies of all
documents upon which such cancellation is premised. If a document cannot be furnished, an
affidavit by a person with knowledge of the facts setting forth what steps have been taken to
obtain production shall be provided. Absent good cause shown for non-production, the use of any
such document may be produced. The original of the response shall be filled at the time of the
conference. The originals of cancellation documents shall be produced at the conference. Copies
of all other documents upon which any party relies shall be available at the conference. The use
of any document not produced at the conference may be precluded unless good cause can be
shown for non-production.
A failure to appear at the conference or any adjourned date may be deemed a default
within the meaning of 22 NYCRR202.27.
If an arbitration is directed, respondent shall furnish the disclosure not already furnished
authorized by the contract for which request was made prior to the receipt of the arbitration
demand. All other requests are denied subject to the right of the referee to modify such directive
under appropriate circumstances. (Allstate v. Urena 208
AD2d 623; State Farm v. Urdahl 170
Mist 2d 841)
Movant is directed to serve a copy of this. order upon the attorneys of record for all other
parties as well as the clerk of the Supreme Court, New York County who is directed to transfer
the entire file of the action removed by this order to the clerk of this Court.
Dated: 6-6-d
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THOMAS A. ADAMS