Kevin Cavanaugh, Plaintiff, v. RIGGS DISTLER COMPANY INC (2026)

The following papers numbered 1 to 3 were read on this motion:

Papers Numbered

Notice of Motion, Affirmation and Exhibits 1

Memorandum of Law 2

Affirmation in Response 3

Defendant Riggs Distler & Company, Inc. ("Riggs") brings its motion seeking to consolidate this action with another action pending in this Court, Index No. 60298/2025 (the "First Action"), for the purposes of joint discovery and joint trial.

The basis of the motion is that both actions involve the same exact trip and fall accident. Plaintiff initially commenced the First Action in April 2025 against the City of Mount Vernon. Then, presumably after more investigation, plaintiff commenced this action against these two defendants in November 2025. According to Riggs, no depositions have occurred in either action.

In response to the motion, plaintiff states that he does not oppose it. This makes sense, given the inefficiencies that would occur if the actions remained separate. The Court notes that although Riggs seeks to have the actions consolidated under the Index Number for this action, that is not possible, as the consolidated action must be under the First Action's Index Number. Therefore, the Court grants the motion, but consolidates the action under Index No. 60298/2025. The new caption shall have the City of Mount Vernon as the first named defendant, as set forth on page 5 of Riggs' Memorandum of Law (NYSCEF Doc. No. 18).

The foregoing constitutes the decision and order of the Court.

Dated: March 2, 2026

White Plains, New York

HON. LINDA S. JAMIESON

Justice of the Supreme Court

Linda S. Jamieson, J.