Recitation, as required by CPLR §2219 (a), of the papers considered in the review of this Motion Papers Numbered Notice of Motion and Affidavits Annexed 1, 2 Order to Show Cause Answering Affidavits 3 Replying Affidavits 4 Exhibits Supplemental Affidavit DECISION/ORDER Upon the foregoing papers, defendant’s motion for dismissal and defendant’s motion for consolidation, are decided as follows: Albert Baldeo, filed five actions in 2022, against multiple defendant’s, some of the defendants were named in all of the actions, and some of them are not. The summons under Index number CV-018252-22/QU complains of “Damages caused to property other than automobile for $50,000.00 with interest from 03/11/2018″. The summons under Index number CV-018253-22/QU, complains of “Indemnification for $50,000.00 with interest from 05/21/2018″. The summons under Index number CV-018254-22/QU, complains of “Loss of use of property for $50,000.00 with interest from 05/01/2018″. The summons under Index number CV-018255-22/QU, complains of “Breach of Contract for $50,000.00 with interest from 04/29/2018″. The summons under Index number CV-018256-22/QU, complaints of “Failure to provide repairs for $50,000.00 with interest from 03/29/2018″. The Court notes that there is another case under CV-019403-18/QU, against the first two named defendant’s, this matter, while on the conference/trial calendar of the Court on November 21, 2024, is not subject to this motion for consolidation. The five complaints, are under sequential index numbers, and were all filed on November 17, 2022. It is noted that each complaint demands interest from a different date. The grievances of the plaintiff may arise from the same nexus of facts, but the Court will not presume this. The Court also notes that the plaintiff is seeking a total of $250,000.00 from at least two of the defendant’s, which exceeds the $50,000.00 jurisdictional Limit of the Civil Court. According to the Civil Act section 902 (e), a Court, on its own motion, may order that a formal complaint be filed, Holloway v. NYCTA, 182 Misc. 2d 749 (Civil Ct. New York Co. 1999). This motion is granted to the extent that plaintiff is ordered to file and serve formal complaints for each action by December 31, 2024. Defendants shall serve a copy of this order with notice of entry, within 30 days after entry of ths order, upon the self-represented plaintiff. In the event that plaintiff should fail to serve and file a formal complaint as directed, defendants can serve and file an appropriate motion. Any defendant can also serve and file a motion to dismiss after the filing of a formal complaint by the plaintiff. It is expected that there will be dated factual allegations for each cause of action and details regarding what each defendant did for each complaint. Formal complaints will let the Court and defendants know what are the alleged allegations against each defendant; and whether there should be dismissals or consolidations, or joint trials of the five complaints. Accordingly, the motions for dismissal and consolidation are denied, without prejudice to renewal. After plaintiff serves and filed formal complaints, the defendants may revisit dismissal, consolidation, or a joint trial. In the event plaintiff fails to serve and file formal complaints, the defendants may submit an appropriate motion. This constitutes the decision and order of the Court. Dated: November 25, 2024
