The following numbered papers were used on this motion: NYSCEF Document No. 43: Notice of Motion to Consolidate NYSCEF Document No. 44: Affirmation of Rober Mijuca, Esq. in Support of Motion (“Mijuca aff”) NYSCEF Document No. 45: Exhibit A — Summons and Complaint in Original Action NYSCEF Document No. 46: Exhibit B — Summons and Complaint in New Action NYSCEF Document No. 47: Exhibit C — Answer of All Around Trans, Inc. in Original Action NYSCEF Document No. 48: Exhibit D — Answer of Brooklyn Gardens Nursing & Rehab in Original Action NYSCEF Document No. 49: Exhibit E — Answer of Exclusive Nursing Staff, Inc. in New Action NYSCEF Document No. 50: Affidavit of Service NYSCEF Document No. 51: Correspondence to Court NYSCEF Document No. 52: Correspondence to Court NYSCEF Document No. 53: Order Lifting Stay and Directing Order to be Returnable on 1/12/24 NYSCEF Document No. 55: Order on Motion NYSCEF Document No. 55: Interim Order NYSCEF Document No. 56: Affirmation of Olivia T. Knott, Esq. in Opposition to Motion (“Knott aff”) NYSCEF Document No. 57: Reply affirmation of Michael J. Conte, Esq. in Support of Motion DECISION AND CONSOLIDATION ORDER Background This is a personal injury action to recover damages for injuries sustained by Plaintiff Barbara Ramsey on December 4, 2017, due to the alleged negligence of Defendants. It was commenced in 2018 against Defendants All Around Trans Inc. (“All Around Trans”) and Brooklyn Gardens Nursing & Rehab (“Brooklyn Gardens”) under Index No. 502832/2018. In 2020, an action was commenced under Kings County Index No. 513709/2020 against Defendant Exclusive Nursing Staff Inc. (“Exclusive Nursing Staff”). (See NYSCEF Doc No. 44, Mijuca aff at 1-2.) Defendant Exclusive Nursing Staff was in an agreement with Defendant All Around Trans to provide medical non-emergency transportation and/or ambulette services to patients residing at the facility operated at Defendant Brooklyn Gardens (see NYSCEF Doc No. 46, complaint in new action 13). Pursuant to this agreement, Exclusive Nursing Staff provided the services of one of its employees, Renee Lundy, a certified nursing assistant, to assist Plaintiff in boarding an ambulette run by All Around Trans on December 4, 2017 (see id.
16, 18). On that date, Plaintiff was allegedly injured when she fell out of her wheelchair due to the negligence of Renee Lundy and the negligent driving of Defendant John or Jane Doe, an ambulette operator employed by All Around Trans; Plaintiff had not been secured with a seatbelt, causing her to fall off her wheelchair inside the ambulette (see id.
