Chisholm v Williams (2011 NY Slip Op 50893(U))

Chisholm v Williams

2011 NY Slip Op 50893(U) [31 Misc 3d 1228(A)]

Decided on May 10, 2011

Supreme Court, Queens County

Markey, J.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

The following papers numbered were read on this motion:PapersNumbered

Notices of Motion, Affirm., Exhibits..............................................................1

Affirmations in Opposition..............................................................................2

CHARLES J. MARKEY, J.:

James Williams, the defendant in two related cases in Supreme Court, Queens County, brings a motion for a joint trial. A vehicle that he was operating on or about August 4, 2008, smashed through the plate glass window of a Pathmark supermarket in Flushing, Queens County, New York, allegedly causing injury to two customers of the store, Karima Salihi and Minnie Chisholm.

The attorney for plaintiff Minnie Chisholm in the aforecaptioned action contends that the two actions should not be joined for discovery and trial since the defendant Pathmark Stores, Inc. in Salihi v. James Williams and Pathmark Stores, Inc., under index number 22294/2008, has filed a petition for bankruptcy, and that the automatic stay that results from a filing of a petition for bankruptcy mandates denial of the instant motion. See 11 U.S.C. section 362(a).

As an initial matter, counsel for Chisholm fails to attach a copy of the bankruptcy petition or any evidence of its filing as an exhibit to the opposition papers. Second, the fact that an alleged tortfeasor has filed for bankruptcy is not adequate grounds to prevent an order mandating a joint trial. See, In re New York City Asbestos Litigation, 82 NY2d 821, aff'g on opinion below, [*2]188 AD2d 214 [1st Dept. 1993], and later opinion in 22 Misc 3d 1109, 2009 WL 104628, 2009 NY Slip Op 50072 [Sup Ct NY County 2009]; Rosenbaum v Dane & Murphy, Inc., 189 AD2d 760 [2nd Dept. 1993].

Accordingly, the motion seeking joint trial and joint discovery of the two actions under index numbers 22294/2008 and 13826/2010 is granted.

The titles and index numbers of the actions to be jointly tried are:

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF QUEENS ———————————— 1;————————————&# 151;———————

X

KARIMA SALIMI,Action No. 1

Defendants. ———————————— 1;————————————&# 151;—————————

X

MINNIE CHISHOLM,

Defendants. ———————————— 1;————————————&# 151;——————————-

X

It is further ordered that a copy of this order bearing the Clerk's dated stamp of its entry together with Notice of Entry be served on ALL PARTIES to the actions combined for joint trial, and, at the time of filing the Notes of Issue, on the Clerk of the Trial Term Office.