Preview
FILED: NEW YORK COUNTY CLERK 04/10/2024 02:48 PM INDEX NO. 152438/2023
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 04/10/2024
Exhibit I
FILED: NEW YORK COUNTY CLERK 04/10/2024 02:48 PM INDEX NO. 152438/2023
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 04/10/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
CHARLOTTE BENNETT,
Plaintiff,
v. Index No. 152438/2023
THE STATE OF NEW YORK,
Defendant.
DEFENDANT’S OBJECTIONS AND RESPONSES
TO PLAINTIFF’S FIRST NOTICE TO ADMIT
Pursuant to the New York Civil Practice Law and Rules (“C.P.L.R.”) Defendant the State
of New York hereby provides the following objections and responses to Plaintiff Charlotte
Bennett’s First Notices to Admit (“Plaintiff”). The objections and responses set forth below reflect
Defendant’s present knowledge and are the result of its investigation to date. Defendant reserves
the right to supplement or amend these responses as may be necessary or appropriate in the future
in accordance with C.P.L.R. § 3101(h).
PRELIMINARY STATEMENT
1. The responses and objections contained herein (the “Responses”) are made solely for the
purpose of the above-captioned action (the “Action”) and are not to be used in connection with
any other action.
2. The Responses reflect Defendant’s knowledge, information, and belief as of the date of the
Response. Defendant may engage in further investigation, discovery, and analysis that may
uncover additional information, add meaning to known facts and/or support new factual and legal
contentions, all of which may lead to changes in Defendant’s Responses herein. Such investigation
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and discovery are continuing, and Defendant specifically reserves the right to amend and/or
supplement its Responses as necessary. Defendant also expressly reserves the right to rely, at any
time, including trial, upon subsequently discovered information omitted from any response as a
result of mistake, oversight, or inadvertence.
3. Defendant will make reasonable efforts to respond to every Notice to Admit (“Notices”) to
the extent the Notice has not been objected to, as Defendant understands and interprets the Notice.
In the event that Plaintiff subsequently asserts an interpretation of a Notice that differs from that
of Defendant, Defendant reserves the right to amend and/or supplement their Response to the
Notice, but undertakes no obligation to do so.
4. To the extent that Defendant objects to any Notice, Defendant is willing to meet and confer
with Plaintiff to attempt to resolve the objection.
GENERAL OBJECTIONS
The following General Objections apply to each and every separately numbered Notice,
including the Instructions and the Definitions, and are incorporated by reference into each and
every specific response herein as if set forth in full.
1. Defendant objects generally to Plaintiff’s Notices, as an improper and premature
means to achieve discovery. Fetahu v. New Jersey Transit Corp., 91 N.Y.S.3d 11, 12 (2018)
(“because a notice to admit is not intended as simply another means for achieving discovery, it
may not be used to obtain information in lieu of other disclosure devices”). These Notices are
premature, as both parties are still producing discovery, which includes discovery from Plaintiff
regarding the issues identified in the Notices. Priceless Custom Homes, Inc. v. O'Neill, 1960
N.Y.S.2d 455, 457 (2d Dep’t 2013) (“[t]he purpose of a notice to admit is only to eliminate from
the issues in litigation matters which will not be in dispute at trial”). Defendant further objects, as
a notice to admit may not be used “for the purpose of compelling admission of fundamental and
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material issues or ultimate facts that can only be resolved after full trial.” Fetahu, 91 N.Y.S.3d at
12.
2. Defendant objects generally to Plaintiff’s Notices to the extent that they seek to
impose burdens or obligations on Defendant beyond those required or permitted by the applicable
provisions of the C.P.L.R.
3. Defendant objects to Plaintiff’s Notices to the extent that they seek the disclosure
of documents or information that is subject to one or more privileges or protections from
disclosure, including, but not limited to: the attorney-client privilege, the self-investigation
privilege, the attorney-work product doctrine, deliberative process privilege, executive privilege,
legislative privilege, or any other privilege or protections available under applicable law. In
preparing the Responses to these Notices, Defendant has assumed that the Notices are limited in
time such that they do not seek attorney-client or attorney-work product material generated after
the commencement of litigation.
4. Defendant objects to Plaintiff’s Notices to the extent that they are overbroad,
unduly burdensome, and disproportionate to the needs of the case.
5. Defendant objects to Plaintiff’s Notices to the extent that they are vague,
ambiguous, unclear, or imprecise.
6. Defendant objects to Plaintiff’s Notices to the extent that they seek documents or
information for a period that is overbroad or encompasses dates irrelevant to this Action.
7. Defendant objects generally to Plaintiff’s Notices to the extent that they require
Defendant to admit information that is not relevant to the claims or defenses of any party to this
Action.
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8. Defendant objects generally to Plaintiff’s Notices to the extent that they require
Defendant to admit information that is not in Defendant’s possession, custody and/or control
including, but not limited to, information (a) related to ongoing discovery, (b) that would require
knowledge or analysis of ongoing events, or (c) assumes contingent events that may have not come
to pass or been made aware to Defendant.
9. Defendant objects generally to Plaintiff’s Notices to the extent that they require
Defendant to admit information already in the possession and/or control of Plaintiff, or that is
equally available to Plaintiff as to Defendant.
10. Defendant objects generally to Plaintiff’s Notices to the extent that they require
Defendant to admit any confidential, proprietary, or business information about Defendant, its
customers, employees, agents, or shareholders.
11. Defendant objects generally to Plaintiff’s Notices to the extent that they require
Defendant to admit information that is duplicative cumulative or redundant.
12. Defendant objects generally to Plaintiff’s Notices to the extent that they seek a legal
theory, interpretation, or conclusion, rather than a factual response and, therefore, are beyond the
permissible scope of discovery.
SPECIFIC RESPONSES AND OBJECTIONS TO NOTICES FOR ADMISSION
NOTICE NO. 1. Admit that on May 8, 2019, Plaintiff asked Ms. Annabel Walsh to consider her
for an open position as a Senior Briefer.
RESPONSE TO NOTICE NO. 1. Defendant objects to this Notice as an improper
disclosure device. Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as being
premature and not tailored to eliminate issues for trial. Priceless Custom Homes, Inc., 1960
N.Y.S.2d at 457. Defendant further objects to this Notice, as a notice to admit may not be used
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“for the purpose of compelling admission of fundamental and material issues or ultimate facts that
can only be resolved after full trial.” Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this
Notice as it requires Defendant to admit or deny information that is not known to Defendant and/or
is not yet known through discovery and/or is in the possession, custody, or control of Plaintiff
and/or third parties. Defendant further objects to this Notice as being cumulative or redundant of
Plaintiff’s other Notices. Defendant further objects to this Notice to the extent that it requires
Defendant to admit information that is disproportional to the needs of the case such that the burden
and expense of responding outweigh the likely benefit. Defendant further objects to this Notice as
not relevant to the claims or defenses of any party to this Action.
Subject to and without waiving the foregoing objections and the general objections,
Defendant has insufficient information at this time to “truthfully either admit or deny” the matters
that are the subject of this Notice, despite making reasonable efforts to obtain such information, as
the Notice seeks information concerning alleged events that allegedly occurred during the prior
administration about which Defendant does not have sufficient knowledge. See C.P.L.R. §
3123(a).
NOTICE NO. 2. Admit that in response to Plaintiff’s May 8, 2019, request to Ms. Walsh that
Ms. Walsh consider Plaintiff for an open position as a Senior Briefer, Ms. Walsh expressed that
she would.
RESPONSE TO NOTICE NO. 2. Defendant objects to this Notice as an improper
disclosure device. Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as being
premature and not tailored to eliminate issues for trial. Priceless Custom Homes, Inc., 1960
N.Y.S.2d at 457. Defendant further objects to this Notice, as a notice to admit may not be used
“for the purpose of compelling admission of fundamental and material issues or ultimate facts that
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can only be resolved after full trial.” Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this
Notice as it requires Defendant to admit or deny information that is not known to Defendant and/or
is not yet known through discovery and/or is in the possession, custody, or control of Plaintiff
and/or third parties. Defendant further objects to this Notice as being cumulative or redundant of
Plaintiff’s other Notices. Defendant further objects to this Notice to the extent that it requires
Defendant to admit information that is disproportional to the needs of the case such that the burden
and expense of responding outweigh the likely benefit. Defendant further objects to this Notice as
not relevant to the claims or defenses of any party to this Action.
Subject to and without waiving the foregoing objections and the general objections,
Defendant has insufficient information at this time to “truthfully either admit or deny” the matters
that are the subject of this Notice, despite making reasonable efforts to obtain such information, as
the Notice seeks information concerning alleged events that allegedly occurred during the prior
administration about which Defendant does not have sufficient knowledge. See C.P.L.R. §
3123(a).
NOTICE NO. 3. Admit that on May 8, 2019, Ms. Walsh asked Plaintiff whether she was
interested in serving as Governor Cuomo’s Executive Assistant.
RESPONSE TO NOTICE NO. 3. Defendant objects to this Notice as an improper
disclosure device. Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as being
premature and not tailored to eliminate issues for trial. Priceless Custom Homes, Inc., 1960
N.Y.S.2d at 457. Defendant further objects to this Notice, as a notice to admit may not be used
“for the purpose of compelling admission of fundamental and material issues or ultimate facts that
can only be resolved after full trial.” Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this
Notice as it requires Defendant to admit or deny information that is not known to Defendant and/or
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is not yet known through discovery and/or is in the possession, custody, or control of Plaintiff
and/or third parties. Defendant further objects to this Notice as being cumulative or redundant of
Plaintiff’s other Notices. Defendant further objects to this Notice to the extent that it requires
Defendant to admit information that is disproportional to the needs of the case such that the burden
and expense of responding outweigh the likely benefit. Defendant further objects to this Notice as
not relevant to the claims or defenses of any party to this Action.
Subject to and without waiving the foregoing objections and the general objections,
Defendant has insufficient information at this time to “truthfully either admit or deny” the matters
that are the subject of this Notice, despite making reasonable efforts to obtain such information, as
the Notice seeks information concerning alleged events that allegedly occurred during the prior
administration about which Defendant does not have sufficient knowledge. See C.P.L.R. §
3123(a).
NOTICE NO. 4: Admit that on May 8, 2019, Plaintiff told Ms. Walsh that she was interested
in serving as Governor Cuomo’s Executive Assistant.
RESPONSE TO NOTICE NO. 4. Defendant objects to this Notice as an improper
disclosure device. Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as being
premature and not tailored to eliminate issues for trial. Priceless Custom Homes, Inc., 1960
N.Y.S.2d at 457. Defendant further objects to this Notice, as a notice to admit may not be used
“for the purpose of compelling admission of fundamental and material issues or ultimate facts that
can only be resolved after full trial.” Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this
Notice as it requires Defendant to admit or deny information that is not known to Defendant and/or
is not yet known through discovery and/or is in the possession, custody, or control of Plaintiff
and/or third parties. Defendant further objects to this Notice as being cumulative or redundant of
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Plaintiff’s other Notices. Defendant further objects to this Notice to the extent that it requires
Defendant to admit information that is disproportional to the needs of the case such that the burden
and expense of responding outweigh the likely benefit. Defendant further objects to this Notice as
not relevant to the claims or defenses of any party to this Action.
Subject to and without waiving the foregoing objections and the general objections,
Defendant has insufficient information at this time to “truthfully either admit or deny” the matters
that are the subject of this Notice, despite making reasonable efforts to obtain such information, as
the Notice seeks information concerning alleged events that allegedly occurred during the prior
administration about which Defendant does not have sufficient knowledge. See C.P.L.R. §
3123(a).
NOTICE NO. 5. Admit that on May 8, 2019, Ms. Walsh told Plaintiff to prepare for an
interview with Governor Cuomo.
RESPONSE TO NOTICE NO. 5. Defendant objects to this Notice as an improper
disclosure device. Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as being
premature and not tailored to eliminate issues for trial. Priceless Custom Homes, Inc., 1960
N.Y.S.2d at 457. Defendant further objects to this Notice, as a notice to admit may not be used
“for the purpose of compelling admission of fundamental and material issues or ultimate facts that
can only be resolved after full trial.” Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this
Notice as it requires Defendant to admit or deny information that is not known to Defendant and/or
is not yet known through discovery and/or is in the possession, custody, or control of Plaintiff
and/or third parties. Defendant further objects to this Notice as being cumulative or redundant of
Plaintiff’s other Notices. Defendant further objects to this Notice to the extent that it requires
Defendant to admit information that is disproportional to the needs of the case such that the burden
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and expense of responding outweigh the likely benefit. Defendant further objects to this Notice as
not relevant to the claims or defenses of any party to this Action.
Subject to and without waiving the foregoing objections and the general objections,
Defendant has insufficient information at this time to “truthfully either admit or deny” the matters
that are the subject of this Notice, despite making reasonable efforts to obtain such information, as
the Notice seeks information concerning alleged events that allegedly occurred during the prior
administration about which Defendant does not have sufficient knowledge. See C.P.L.R. §
3123(a).
NOTICE NO. 6. Admit that on May 9, 2019, Plaintiff met with Governor Cuomo and Ms. Walsh
in Governor Cuomo’s New York City office for an interview.
RESPONSE TO NOTICE NO. 6. Defendant objects to this Notice as an improper
disclosure device. Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as being
premature and not tailored to eliminate issues for trial. Priceless Custom Homes, Inc., 1960
N.Y.S.2d at 457. Defendant further objects to this Notice, as a notice to admit may not be used
“for the purpose of compelling admission of fundamental and material issues or ultimate facts that
can only be resolved after full trial.” Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this
Notice as it requires Defendant to admit or deny information that is not known to Defendant and/or
is not yet known through discovery and/or is in the possession, custody, or control of Plaintiff
and/or third parties. Defendant further objects to this Notice as being cumulative or redundant of
Plaintiff’s other Notices. Defendant further objects to this Notice to the extent that it requires
Defendant to admit information that is disproportional to the needs of the case such that the burden
and expense of responding outweigh the likely benefit. Defendant further objects to this Notice as
not relevant to the claims or defenses of any party to this Action.
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Subject to and without waiving the foregoing objections and the general objections,
Defendant has insufficient information at this time to “truthfully either admit or deny” the matters
that are the subject of this Notice, despite making reasonable efforts to obtain such information, as
the Notice seeks information concerning alleged events that allegedly occurred during the prior
administration about which Defendant does not have sufficient knowledge. See C.P.L.R. §
3123(a).
NOTICE NO. 7. Admit that Plaintiff wore high-heeled shoes to her May 9, 2019, interview
with Governor Cuomo and Ms. Walsh.
RESPONSE TO NOTICE NO. 7. Defendant objects to this Notice as an improper
disclosure device. Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as being
premature and not tailored to eliminate issues for trial. Priceless Custom Homes, Inc., 1960
N.Y.S.2d at 457. Defendant further objects to this Notice, as a notice to admit may not be used
“for the purpose of compelling admission of fundamental and material issues or ultimate facts that
can only be resolved after full trial.” Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this
Notice as it requires Defendant to admit or deny information that is not known to Defendant and/or
is not yet known through discovery and/or is in the possession, custody, or control of Plaintiff
and/or third parties. Defendant further objects to this Notice as being cumulative or redundant of
Plaintiff’s other Notices. Defendant further objects to this Notice to the extent that it requires
Defendant to admit information that is disproportional to the needs of the case such that the burden
and expense of responding outweigh the likely benefit. Defendant further objects to this Notice as
not relevant to the claims or defenses of any party to this Action.
Subject to and without waiving the foregoing objections and the general objections,
Defendant has insufficient information at this time to “truthfully either admit or deny” the matters
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that are the subject of this Notice, despite making reasonable efforts to obtain such information, as
the Notice seeks information concerning alleged events that allegedly occurred during the prior
administration about which Defendant does not have sufficient knowledge. See C.P.L.R. §
3123(a).
NOTICE NO 8. Admit that Plaintiff’s May 9, 2019, interview with Governor Cuomo and
Ms. Walsh lasted only about ten minutes.
RESPONSE TO NOTICE NO. 8. Defendant objects to this Notice as an improper
disclosure device. Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as being
premature and not tailored to eliminate issues for trial. Priceless Custom Homes, Inc., 1960
N.Y.S.2d at 457. Defendant further objects to this Notice, as a notice to admit may not be used
“for the purpose of compelling admission of fundamental and material issues or ultimate facts that
can only be resolved after full trial.” Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this
Notice as it requires Defendant to admit or deny information that is not known to Defendant and/or
is not yet known through discovery and/or is in the possession, custody, or control of Plaintiff
and/or third parties. Defendant further objects to this Notice as being cumulative or redundant of
Plaintiff’s other Notices. Defendant further objects to this Notice to the extent that it requires
Defendant to admit information that is disproportional to the needs of the case such that the burden
and expense of responding outweigh the likely benefit. Defendant further objects to this Notice as
not relevant to the claims or defenses of any party to this Action.
Subject to and without waiving the foregoing objections and the general objections,
Defendant has insufficient information at this time to “truthfully either admit or deny” the matters
that are the subject of this Notice, despite making reasonable efforts to obtain such information, as
the Notice seeks information concerning alleged events that allegedly occurred during the prior
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administration about which Defendant does not have sufficient knowledge. See C.P.L.R. §
3123(a).
NOTICE NO. 9. Admit that as Governor Cuomo’s Executive Assistant, Plaintiff worked at a
desk directly outside the office of the Director of the Governor’s Offices, Stephanie Benton.
RESPONSE TO NOTICE NO. 9. Defendant objects to this Notice as an improper
disclosure device. Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as being
premature and not tailored to eliminate issues for trial. Priceless Custom Homes, Inc., 1960
N.Y.S.2d at 457. Defendant further objects to this Notice, as a notice to admit may not be used
“for the purpose of compelling admission of fundamental and material issues or ultimate facts that
can only be resolved after full trial.” Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this
Notice as it requires Defendant to admit or deny information that is not known to Defendant and/or
is not yet known through discovery and/or is in the possession, custody, or control of Plaintiff
and/or third parties. Defendant further objects to this Notice on the grounds that the phrase
“directly outside” is vague, imprecise, and/or lacking sufficient particularity. Defendant further
objects to this Notice as being cumulative or redundant of Plaintiff’s other Notices. Defendant
further objects to this Notice to the extent that it requires Defendant to admit information that is
disproportional to the needs of the case such that the burden and expense of responding outweigh
the likely benefit. Defendant further objects to this Notice as not relevant to the claims or defenses
of any party to this Action.
Subject to and without waiving the foregoing objections and the general objections,
Defendant has insufficient information at this time to “truthfully either admit or deny” the matters
that are the subject of this Notice, despite making reasonable efforts to obtain such information, as
the Notice seeks information concerning alleged events that allegedly occurred during the prior
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administration about which Defendant does not have sufficient knowledge. See C.P.L.R. §
3123(a).
NOTICE NO. 10. Admit that Ms. Benton’s office contained an interior door to Governor
Cuomo’s Office.
RESPONSE TO NOTICE NO. 10. Defendant objects to this Notice as an improper
disclosure device. Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as being
premature and not tailored to eliminate issues for trial. Priceless Custom Homes, Inc., 1960
N.Y.S.2d at 457. Defendant further objects to this Notice, as a notice to admit may not be used
“for the purpose of compelling admission of fundamental and material issues or ultimate facts that
can only be resolved after full trial.” Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this
Notice as it requires Defendant to admit or deny information that is not known to Defendant and/or
is not yet known through discovery and/or is in the possession, custody, or control of Plaintiff
and/or third parties. Defendant further objects to this Notice to the extent it requires the disclosure
of confidential, proprietary and/or business information concerning Defendant. Defendant further
objects to this Notice as being cumulative or redundant of Plaintiff’s other Notices. Defendant
further objects to this Notice to the extent that it requires Defendant to admit information that is
disproportional to the needs of the case such that the burden and expense of responding outweigh
the likely benefit. Defendant further objects to this Notice as not relevant to the claims or defenses
of any party to this Action.
Subject to and without waiving the foregoing objections and the general objections,
Defendant has insufficient information at this time to “truthfully either admit or deny” the matters
that are the subject of this Notice, despite making reasonable efforts to obtain such information, as
the Notice seeks information concerning alleged events that allegedly occurred during the prior
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administration about which Defendant does not have sufficient knowledge. See C.P.L.R. §
3123(a).
NOTICE NO. 11. Admit that Ms. Benton’s office was directly next to Governor Cuomo’s main
office door.
RESPONSE TO NOTICE NO. 11. Defendant objects to this Notice as an improper
disclosure device. Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as being
premature and not tailored to eliminate issues for trial. Priceless Custom Homes, Inc., 1960
N.Y.S.2d at 457. Defendant further objects to this Notice, as a notice to admit may not be used
“for the purpose of compelling admission of fundamental and material issues or ultimate facts that
can only be resolved after full trial.” Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this
Notice as it requires Defendant to admit or deny information that is not known to Defendant and/or
is not yet known through discovery and/or is in the possession, custody, or control of Plaintiff
and/or third parties. Defendant further objects to this Notice as not reasonably limited in temporal
scope. Defendant further objects to this Notice as being cumulative or redundant of Plaintiff’s
other Notices. Defendant further objects to this Notice to the extent that it requires Defendant to
admit information that is disproportional to the needs of the case such that the burden and expense
of responding outweigh the likely benefit. Defendant further objects to this Notice to the extent it
requires Defendant further objects to this Notice as not relevant to the claims or defenses of any
party to this Action.
Subject to and without waiving the foregoing objections and the general objections,
Defendant has insufficient information at this time to “truthfully either admit or deny” the matters
that are the subject of this Notice, despite making reasonable efforts to obtain such information, as
the Notice seeks information concerning alleged events that allegedly occurred during the prior
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administration about which Defendant does not have sufficient knowledge. See C.P.L.R. §
3123(a).
NOTICE NO. 12. Admit that while she worked as an Executive Assistant to Governor Cuomo,
Plaintiff was responsible for covering (sitting it) Ms. Benton’s desk when Ms. Benton was not
present.
RESPONSE TO NOTICE NO. 12. Defendant objects to this Notice as an improper
disclosure device. Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as being
premature and not tailored to eliminate issues for trial. Priceless Custom Homes, Inc., 1960
N.Y.S.2d at 457. Defendant further objects to this Notice, as a notice to admit may not be used
“for the purpose of compelling admission of fundamental and material issues or ultimate facts that
can only be resolved after full trial.” Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this
Notice as it requires Defendant to admit or deny information that is not known to Defendant and/or
is not yet known through discovery and/or is in the possession, custody, or control of Plaintiff
and/or third parties. Defendant further objects to this Notice on the grounds that the phrase
“covering (sitting it)” is vague, imprecise, and/or lacking sufficient particularity. Defendant
further objects to this Notice as not reasonably limited in temporal scope. Defendant further
objects to this Notice as being cumulative or redundant of Plaintiff’s other Notices. Defendant
further objects to this Notice to the extent that it requires Defendant to admit information that is
disproportional to the needs of the case such that the burden and expense of responding outweigh
the likely benefit. Defendant further objects to this Notice as not relevant to the claims or defenses
of any party to this Action.
Subject to and without waiving the foregoing objections and the general objections,
Defendant admits only that Plaintiff held the working title of Briefer and civil service payroll title
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of Special or Confidential Assistant for a period of time during her employment with Defendant.
Subject to and without waiving the foregoing objections and the general objections, Defendant has
insufficient information at this time to “truthfully either admit or deny” the remaining matters that
are the subject of this Notice, despite making reasonable efforts to obtain such information, as the
Notice seeks information concerning alleged events that allegedly occurred during the prior
administration about which Defendant does not have sufficient knowledge. See C.P.L.R. §
3123(a).
NOTICE NO. 13. Admit that when Plaintiff worked as an Executive Assistant to Governor
Cuomo, Ms. Benton’s desk was closest to Governor Cuomo’s office.
RESPONSE TO NOTICE NO. 13. Defendant objects to this Notice as an improper
disclosure device. Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as being
premature and not tailored to eliminate issues for trial. Priceless Custom Homes, Inc., 1960
N.Y.S.2d at 457. Defendant further objects to this Notice, as a notice to admit may not be used
“for the purpose of compelling admission of fundamental and material issues or ultimate facts that
can only be resolved after full trial.” Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this
Notice as it requires Defendant to admit or deny information that is not known to Defendant and/or
is not yet known through discovery and/or is in the possession, custody, or control of Plaintiff
and/or third parties. Defendant further objects to this Notice as not reasonably limited in temporal
scope. Defendant further objects to this Notice as being cumulative or redundant of Plaintiff’s
other Notices. Defendant further objects to this Notice to the extent that it requires Defendant to
admit information that is disproportional to the needs of the case such that the burden and expense
of responding outweigh the likely benefit. Defendant further objects to this Notice as not relevant
to the claims or defenses of any party to this Action.
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Subject to and without waiving the foregoing objections and the general objections,
Defendant admits only that Plaintiff held the working title of Briefer and civil service payroll title
of Special or Confidential Assistant for a period of time during her employment with Defendant .
Subject to and without waiving the foregoing objections and the general objections, Defendant has
insufficient information at this time to “truthfully either admit or deny” the remaining matters that
are the subject of this Notice, despite making reasonable efforts to obtain such information, as the
Notice seeks information concerning alleged events that allegedly occurred during the prior
administration about which Defendant does not have sufficient knowledge. See C.P.L.R. §
3123(a).
NOTICE NO. 14. Admit that, when Plaintiff was hired as Governor Cuomo’s Executive
Assistant, she also continued her work as a Briefer.
RESPONSE TO NOTICE NO. 14. Defendant objects to this Notice as an improper
disclosure device. Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as being
premature and not tailored to eliminate issues for trial. Priceless Custom Homes, Inc., 1960
N.Y.S.2d at 457. Defendant further objects to this Notice, as a notice to admit may not be used
“for the purpose of compelling admission of fundamental and material issues or ultimate facts that
can only be resolved after full trial.” Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this
Notice as it requires Defendant to admit or deny information that is not known to Defendant and/or
is not yet known through discovery and/or is in the possession, custody, or control of Plaintiff
and/or third parties. Defendant further objects to this Notice on the grounds that the phrase
“continued her work as a Briefer” is vague, imprecise, and/or lacking sufficient particularity.
Defendant further objects to this Notice as not reasonably limited in temporal scope. Defendant
further objects to this Notice as being cumulative or redundant of Plaintiff’s other Notices.
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Defendant further objects to this Notice to the extent that it requires Defendant to admit
information that is disproportional to the needs of the case such that the burden and expense of
responding outweigh the likely benefit. Defendant further objects to this Notice as not relevant to
the claims or defenses of any party to this Action.
Subject to and without waiving the foregoing objections and the general objections,
Defendant admits only that Plaintiff held the working title of Briefer and civil service payroll title
of Special or Confidential Assistant for a period of time during her employment with Defendant.
Subject to and without waiving the foregoing objections and the general objections, Defendant has
insufficient information at this time to “truthfully either admit or deny” the remaining matters that
are the subject of this Notice, despite making reasonable efforts to obtain such information, as the
Notice seeks information concerning alleged events that allegedly occurred during the prior
administration about which Defendant does not have sufficient knowledge. See C.P.L.R. §
3123(a).
NOTICE NO. 15. Admit that on May 16, 2019, Governor Cuomo asked Plaintiff: “Do you honor
your commitments?”
RESPONSE TO NOTICE NO. 15. Defendant objects to this Notice as an improper
disclosure device. Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as being
premature and not tailored to eliminate issues for trial. Priceless Custom Homes, Inc., 1960
N.Y.S.2d at 457. Defendant further objects to this Notice, as a notice to admit may not be used
“for the purpose of compelling admission of fundamental and material issues or ultimate facts that
can only be resolved after full trial.” Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this
Notice as it requires Defendant to admit or deny information that is not known to Defendant and/or
is not yet known through discovery and/or is in the possession, custody, or control of Plaintiff
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and/or third parties. Defendant further objects to this Notice as being cumulative or redundant of
Plaintiff’s other Notices. Defendant further objects to this Notice to the extent that it requires
Defendant to admit information that is disproportional to the needs of the case such that the burden
and expense of responding outweigh the likely benefit. Defendant further objects to this Notice as
not relevant to the claims or defenses of any party to this Action. Defendant further objects to this
Notice to the extent that it requires Defendant to admit information that is subject to one or more
privileges or protections from disclosure, including, but not limited to: the attorney-client
privilege, the self-investigation privilege, the attorney-work product doctrine, or any other
privilege or protections available under applicable law.
Subject to and without waiving the foregoing objections and the general objections,
Defendant has insufficient information at this time to “truthfully either admit or deny” the matters
that are the subject of this Notice, despite making reasonable efforts to obtain such information, as
the Notice seeks information concerning alleged events that allegedly occurred during the prior
administration about which Defendant does not have sufficient knowledge. See C.P.L.R. §
3123(a).
NOTICE NO. 16. Admit that on May 16, 2019, Governor Cuomo asked Plaintiff if she had a
boyfriend.
RESPONSE TO NOTICE NO. 16. Defendant objects to this Notice as an improper
disclosure device. Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as being
premature and not tailored to eliminate issues for trial. Priceless Custom Homes, Inc., 1960
N.Y.S.2d at 457. Defendant further objects to this Notice, as a notice to admit may not be used
“for the purpose of compelling admission of fundamental and material issues or ultimate facts that
can only be resolved after full trial.” Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this
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Notice as it requires Defendant to admit or deny information that is not known to Defendant and/or
is not yet known through discovery and/or is in the possession, custody, or control of Plaintiff
and/or third parties. Defendant further objects to this Notice as being cumulative or redundant of
Plaintiff’s other Notices. Defendant further objects to this Notice to the extent that it requires
Defendant to admit information that is disproportional to the needs of the case such that the burden
and expense of responding outweigh the likely benefit. Defendant further objects to this Notice to
the extent it requires Defendant to admit information of a personal, private, or confidential nature
pertaining to individuals that are not parties to this Action.
Subject to and without waiving the foregoing objections and the general objections,
Defendant has insufficient information at this time to “truthfully either admit or deny” the matters
that are the subject of this Notice, despite making reasonable efforts to obtain such information, as
the Notice seeks information concerning alleged events that allegedly occurred during the prior
administration about which Defendant does not have sufficient knowledge. See C.P.L.R. §
3123(a).
NOTICE NO. 17. Admit that on May 16, 2019, Plaintiff told Governor Cuomo that she did not
have a boyfriend.
RESPONSE TO NOTICE NO. 17. Defendant objects to this Notice as an improper
disclosure device. Fetahu, 91 N.
Preview
FILED: NEW YORK COUNTY CLERK 04/10/2024 02:48 PM INDEX NO. 152438/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 04/10/2024 Exhibit I FILED: NEW YORK COUNTY CLERK 04/10/2024 02:48 PM INDEX NO. 152438/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 04/10/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK CHARLOTTE BENNETT, Plaintiff, v. Index No. 152438/2023 THE STATE OF NEW YORK, Defendant. DEFENDANT’S OBJECTIONS AND RESPONSES TO PLAINTIFF’S FIRST NOTICE TO ADMIT Pursuant to the New York Civil Practice Law and Rules (“C.P.L.R.”) Defendant the State of New York hereby provides the following objections and responses to Plaintiff Charlotte Bennett’s First Notices to Admit (“Plaintiff”). The objections and responses set forth below reflect Defendant’s present knowledge and are the result of its investigation to date. Defendant reserves the right to supplement or amend these responses as may be necessary or appropriate in the future in accordance with C.P.L.R. § 3101(h). PRELIMINARY STATEMENT 1. The responses and objections contained herein (the “Responses”) are made solely for the purpose of the above-captioned action (the “Action”) and are not to be used in connection with any other action. 2. The Responses reflect Defendant’s knowledge, information, and belief as of the date of the Response. Defendant may engage in further investigation, discovery, and analysis that may uncover additional information, add meaning to known facts and/or support new factual and legal contentions, all of which may lead to changes in Defendant’s Responses herein. Such investigation 1 FILED: NEW YORK COUNTY CLERK 04/10/2024 02:48 PM INDEX NO. 152438/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 04/10/2024 and discovery are continuing, and Defendant specifically reserves the right to amend and/or supplement its Responses as necessary. Defendant also expressly reserves the right to rely, at any time, including trial, upon subsequently discovered information omitted from any response as a result of mistake, oversight, or inadvertence. 3. Defendant will make reasonable efforts to respond to every Notice to Admit (“Notices”) to the extent the Notice has not been objected to, as Defendant understands and interprets the Notice. In the event that Plaintiff subsequently asserts an interpretation of a Notice that differs from that of Defendant, Defendant reserves the right to amend and/or supplement their Response to the Notice, but undertakes no obligation to do so. 4. To the extent that Defendant objects to any Notice, Defendant is willing to meet and confer with Plaintiff to attempt to resolve the objection. GENERAL OBJECTIONS The following General Objections apply to each and every separately numbered Notice, including the Instructions and the Definitions, and are incorporated by reference into each and every specific response herein as if set forth in full. 1. Defendant objects generally to Plaintiff’s Notices, as an improper and premature means to achieve discovery. Fetahu v. New Jersey Transit Corp., 91 N.Y.S.3d 11, 12 (2018) (“because a notice to admit is not intended as simply another means for achieving discovery, it may not be used to obtain information in lieu of other disclosure devices”). These Notices are premature, as both parties are still producing discovery, which includes discovery from Plaintiff regarding the issues identified in the Notices. Priceless Custom Homes, Inc. v. O'Neill, 1960 N.Y.S.2d 455, 457 (2d Dep’t 2013) (“[t]he purpose of a notice to admit is only to eliminate from the issues in litigation matters which will not be in dispute at trial”). Defendant further objects, as a notice to admit may not be used “for the purpose of compelling admission of fundamental and 2 FILED: NEW YORK COUNTY CLERK 04/10/2024 02:48 PM INDEX NO. 152438/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 04/10/2024 material issues or ultimate facts that can only be resolved after full trial.” Fetahu, 91 N.Y.S.3d at 12. 2. Defendant objects generally to Plaintiff’s Notices to the extent that they seek to impose burdens or obligations on Defendant beyond those required or permitted by the applicable provisions of the C.P.L.R. 3. Defendant objects to Plaintiff’s Notices to the extent that they seek the disclosure of documents or information that is subject to one or more privileges or protections from disclosure, including, but not limited to: the attorney-client privilege, the self-investigation privilege, the attorney-work product doctrine, deliberative process privilege, executive privilege, legislative privilege, or any other privilege or protections available under applicable law. In preparing the Responses to these Notices, Defendant has assumed that the Notices are limited in time such that they do not seek attorney-client or attorney-work product material generated after the commencement of litigation. 4. Defendant objects to Plaintiff’s Notices to the extent that they are overbroad, unduly burdensome, and disproportionate to the needs of the case. 5. Defendant objects to Plaintiff’s Notices to the extent that they are vague, ambiguous, unclear, or imprecise. 6. Defendant objects to Plaintiff’s Notices to the extent that they seek documents or information for a period that is overbroad or encompasses dates irrelevant to this Action. 7. Defendant objects generally to Plaintiff’s Notices to the extent that they require Defendant to admit information that is not relevant to the claims or defenses of any party to this Action. 3 FILED: NEW YORK COUNTY CLERK 04/10/2024 02:48 PM INDEX NO. 152438/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 04/10/2024 8. Defendant objects generally to Plaintiff’s Notices to the extent that they require Defendant to admit information that is not in Defendant’s possession, custody and/or control including, but not limited to, information (a) related to ongoing discovery, (b) that would require knowledge or analysis of ongoing events, or (c) assumes contingent events that may have not come to pass or been made aware to Defendant. 9. Defendant objects generally to Plaintiff’s Notices to the extent that they require Defendant to admit information already in the possession and/or control of Plaintiff, or that is equally available to Plaintiff as to Defendant. 10. Defendant objects generally to Plaintiff’s Notices to the extent that they require Defendant to admit any confidential, proprietary, or business information about Defendant, its customers, employees, agents, or shareholders. 11. Defendant objects generally to Plaintiff’s Notices to the extent that they require Defendant to admit information that is duplicative cumulative or redundant. 12. Defendant objects generally to Plaintiff’s Notices to the extent that they seek a legal theory, interpretation, or conclusion, rather than a factual response and, therefore, are beyond the permissible scope of discovery. SPECIFIC RESPONSES AND OBJECTIONS TO NOTICES FOR ADMISSION NOTICE NO. 1. Admit that on May 8, 2019, Plaintiff asked Ms. Annabel Walsh to consider her for an open position as a Senior Briefer. RESPONSE TO NOTICE NO. 1. Defendant objects to this Notice as an improper disclosure device. Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as being premature and not tailored to eliminate issues for trial. Priceless Custom Homes, Inc., 1960 N.Y.S.2d at 457. Defendant further objects to this Notice, as a notice to admit may not be used 4 FILED: NEW YORK COUNTY CLERK 04/10/2024 02:48 PM INDEX NO. 152438/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 04/10/2024 “for the purpose of compelling admission of fundamental and material issues or ultimate facts that can only be resolved after full trial.” Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as it requires Defendant to admit or deny information that is not known to Defendant and/or is not yet known through discovery and/or is in the possession, custody, or control of Plaintiff and/or third parties. Defendant further objects to this Notice as being cumulative or redundant of Plaintiff’s other Notices. Defendant further objects to this Notice to the extent that it requires Defendant to admit information that is disproportional to the needs of the case such that the burden and expense of responding outweigh the likely benefit. Defendant further objects to this Notice as not relevant to the claims or defenses of any party to this Action. Subject to and without waiving the foregoing objections and the general objections, Defendant has insufficient information at this time to “truthfully either admit or deny” the matters that are the subject of this Notice, despite making reasonable efforts to obtain such information, as the Notice seeks information concerning alleged events that allegedly occurred during the prior administration about which Defendant does not have sufficient knowledge. See C.P.L.R. § 3123(a). NOTICE NO. 2. Admit that in response to Plaintiff’s May 8, 2019, request to Ms. Walsh that Ms. Walsh consider Plaintiff for an open position as a Senior Briefer, Ms. Walsh expressed that she would. RESPONSE TO NOTICE NO. 2. Defendant objects to this Notice as an improper disclosure device. Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as being premature and not tailored to eliminate issues for trial. Priceless Custom Homes, Inc., 1960 N.Y.S.2d at 457. Defendant further objects to this Notice, as a notice to admit may not be used “for the purpose of compelling admission of fundamental and material issues or ultimate facts that 5 FILED: NEW YORK COUNTY CLERK 04/10/2024 02:48 PM INDEX NO. 152438/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 04/10/2024 can only be resolved after full trial.” Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as it requires Defendant to admit or deny information that is not known to Defendant and/or is not yet known through discovery and/or is in the possession, custody, or control of Plaintiff and/or third parties. Defendant further objects to this Notice as being cumulative or redundant of Plaintiff’s other Notices. Defendant further objects to this Notice to the extent that it requires Defendant to admit information that is disproportional to the needs of the case such that the burden and expense of responding outweigh the likely benefit. Defendant further objects to this Notice as not relevant to the claims or defenses of any party to this Action. Subject to and without waiving the foregoing objections and the general objections, Defendant has insufficient information at this time to “truthfully either admit or deny” the matters that are the subject of this Notice, despite making reasonable efforts to obtain such information, as the Notice seeks information concerning alleged events that allegedly occurred during the prior administration about which Defendant does not have sufficient knowledge. See C.P.L.R. § 3123(a). NOTICE NO. 3. Admit that on May 8, 2019, Ms. Walsh asked Plaintiff whether she was interested in serving as Governor Cuomo’s Executive Assistant. RESPONSE TO NOTICE NO. 3. Defendant objects to this Notice as an improper disclosure device. Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as being premature and not tailored to eliminate issues for trial. Priceless Custom Homes, Inc., 1960 N.Y.S.2d at 457. Defendant further objects to this Notice, as a notice to admit may not be used “for the purpose of compelling admission of fundamental and material issues or ultimate facts that can only be resolved after full trial.” Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as it requires Defendant to admit or deny information that is not known to Defendant and/or 6 FILED: NEW YORK COUNTY CLERK 04/10/2024 02:48 PM INDEX NO. 152438/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 04/10/2024 is not yet known through discovery and/or is in the possession, custody, or control of Plaintiff and/or third parties. Defendant further objects to this Notice as being cumulative or redundant of Plaintiff’s other Notices. Defendant further objects to this Notice to the extent that it requires Defendant to admit information that is disproportional to the needs of the case such that the burden and expense of responding outweigh the likely benefit. Defendant further objects to this Notice as not relevant to the claims or defenses of any party to this Action. Subject to and without waiving the foregoing objections and the general objections, Defendant has insufficient information at this time to “truthfully either admit or deny” the matters that are the subject of this Notice, despite making reasonable efforts to obtain such information, as the Notice seeks information concerning alleged events that allegedly occurred during the prior administration about which Defendant does not have sufficient knowledge. See C.P.L.R. § 3123(a). NOTICE NO. 4: Admit that on May 8, 2019, Plaintiff told Ms. Walsh that she was interested in serving as Governor Cuomo’s Executive Assistant. RESPONSE TO NOTICE NO. 4. Defendant objects to this Notice as an improper disclosure device. Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as being premature and not tailored to eliminate issues for trial. Priceless Custom Homes, Inc., 1960 N.Y.S.2d at 457. Defendant further objects to this Notice, as a notice to admit may not be used “for the purpose of compelling admission of fundamental and material issues or ultimate facts that can only be resolved after full trial.” Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as it requires Defendant to admit or deny information that is not known to Defendant and/or is not yet known through discovery and/or is in the possession, custody, or control of Plaintiff and/or third parties. Defendant further objects to this Notice as being cumulative or redundant of 7 FILED: NEW YORK COUNTY CLERK 04/10/2024 02:48 PM INDEX NO. 152438/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 04/10/2024 Plaintiff’s other Notices. Defendant further objects to this Notice to the extent that it requires Defendant to admit information that is disproportional to the needs of the case such that the burden and expense of responding outweigh the likely benefit. Defendant further objects to this Notice as not relevant to the claims or defenses of any party to this Action. Subject to and without waiving the foregoing objections and the general objections, Defendant has insufficient information at this time to “truthfully either admit or deny” the matters that are the subject of this Notice, despite making reasonable efforts to obtain such information, as the Notice seeks information concerning alleged events that allegedly occurred during the prior administration about which Defendant does not have sufficient knowledge. See C.P.L.R. § 3123(a). NOTICE NO. 5. Admit that on May 8, 2019, Ms. Walsh told Plaintiff to prepare for an interview with Governor Cuomo. RESPONSE TO NOTICE NO. 5. Defendant objects to this Notice as an improper disclosure device. Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as being premature and not tailored to eliminate issues for trial. Priceless Custom Homes, Inc., 1960 N.Y.S.2d at 457. Defendant further objects to this Notice, as a notice to admit may not be used “for the purpose of compelling admission of fundamental and material issues or ultimate facts that can only be resolved after full trial.” Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as it requires Defendant to admit or deny information that is not known to Defendant and/or is not yet known through discovery and/or is in the possession, custody, or control of Plaintiff and/or third parties. Defendant further objects to this Notice as being cumulative or redundant of Plaintiff’s other Notices. Defendant further objects to this Notice to the extent that it requires Defendant to admit information that is disproportional to the needs of the case such that the burden 8 FILED: NEW YORK COUNTY CLERK 04/10/2024 02:48 PM INDEX NO. 152438/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 04/10/2024 and expense of responding outweigh the likely benefit. Defendant further objects to this Notice as not relevant to the claims or defenses of any party to this Action. Subject to and without waiving the foregoing objections and the general objections, Defendant has insufficient information at this time to “truthfully either admit or deny” the matters that are the subject of this Notice, despite making reasonable efforts to obtain such information, as the Notice seeks information concerning alleged events that allegedly occurred during the prior administration about which Defendant does not have sufficient knowledge. See C.P.L.R. § 3123(a). NOTICE NO. 6. Admit that on May 9, 2019, Plaintiff met with Governor Cuomo and Ms. Walsh in Governor Cuomo’s New York City office for an interview. RESPONSE TO NOTICE NO. 6. Defendant objects to this Notice as an improper disclosure device. Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as being premature and not tailored to eliminate issues for trial. Priceless Custom Homes, Inc., 1960 N.Y.S.2d at 457. Defendant further objects to this Notice, as a notice to admit may not be used “for the purpose of compelling admission of fundamental and material issues or ultimate facts that can only be resolved after full trial.” Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as it requires Defendant to admit or deny information that is not known to Defendant and/or is not yet known through discovery and/or is in the possession, custody, or control of Plaintiff and/or third parties. Defendant further objects to this Notice as being cumulative or redundant of Plaintiff’s other Notices. Defendant further objects to this Notice to the extent that it requires Defendant to admit information that is disproportional to the needs of the case such that the burden and expense of responding outweigh the likely benefit. Defendant further objects to this Notice as not relevant to the claims or defenses of any party to this Action. 9 FILED: NEW YORK COUNTY CLERK 04/10/2024 02:48 PM INDEX NO. 152438/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 04/10/2024 Subject to and without waiving the foregoing objections and the general objections, Defendant has insufficient information at this time to “truthfully either admit or deny” the matters that are the subject of this Notice, despite making reasonable efforts to obtain such information, as the Notice seeks information concerning alleged events that allegedly occurred during the prior administration about which Defendant does not have sufficient knowledge. See C.P.L.R. § 3123(a). NOTICE NO. 7. Admit that Plaintiff wore high-heeled shoes to her May 9, 2019, interview with Governor Cuomo and Ms. Walsh. RESPONSE TO NOTICE NO. 7. Defendant objects to this Notice as an improper disclosure device. Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as being premature and not tailored to eliminate issues for trial. Priceless Custom Homes, Inc., 1960 N.Y.S.2d at 457. Defendant further objects to this Notice, as a notice to admit may not be used “for the purpose of compelling admission of fundamental and material issues or ultimate facts that can only be resolved after full trial.” Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as it requires Defendant to admit or deny information that is not known to Defendant and/or is not yet known through discovery and/or is in the possession, custody, or control of Plaintiff and/or third parties. Defendant further objects to this Notice as being cumulative or redundant of Plaintiff’s other Notices. Defendant further objects to this Notice to the extent that it requires Defendant to admit information that is disproportional to the needs of the case such that the burden and expense of responding outweigh the likely benefit. Defendant further objects to this Notice as not relevant to the claims or defenses of any party to this Action. Subject to and without waiving the foregoing objections and the general objections, Defendant has insufficient information at this time to “truthfully either admit or deny” the matters 10 FILED: NEW YORK COUNTY CLERK 04/10/2024 02:48 PM INDEX NO. 152438/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 04/10/2024 that are the subject of this Notice, despite making reasonable efforts to obtain such information, as the Notice seeks information concerning alleged events that allegedly occurred during the prior administration about which Defendant does not have sufficient knowledge. See C.P.L.R. § 3123(a). NOTICE NO 8. Admit that Plaintiff’s May 9, 2019, interview with Governor Cuomo and Ms. Walsh lasted only about ten minutes. RESPONSE TO NOTICE NO. 8. Defendant objects to this Notice as an improper disclosure device. Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as being premature and not tailored to eliminate issues for trial. Priceless Custom Homes, Inc., 1960 N.Y.S.2d at 457. Defendant further objects to this Notice, as a notice to admit may not be used “for the purpose of compelling admission of fundamental and material issues or ultimate facts that can only be resolved after full trial.” Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as it requires Defendant to admit or deny information that is not known to Defendant and/or is not yet known through discovery and/or is in the possession, custody, or control of Plaintiff and/or third parties. Defendant further objects to this Notice as being cumulative or redundant of Plaintiff’s other Notices. Defendant further objects to this Notice to the extent that it requires Defendant to admit information that is disproportional to the needs of the case such that the burden and expense of responding outweigh the likely benefit. Defendant further objects to this Notice as not relevant to the claims or defenses of any party to this Action. Subject to and without waiving the foregoing objections and the general objections, Defendant has insufficient information at this time to “truthfully either admit or deny” the matters that are the subject of this Notice, despite making reasonable efforts to obtain such information, as the Notice seeks information concerning alleged events that allegedly occurred during the prior 11 FILED: NEW YORK COUNTY CLERK 04/10/2024 02:48 PM INDEX NO. 152438/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 04/10/2024 administration about which Defendant does not have sufficient knowledge. See C.P.L.R. § 3123(a). NOTICE NO. 9. Admit that as Governor Cuomo’s Executive Assistant, Plaintiff worked at a desk directly outside the office of the Director of the Governor’s Offices, Stephanie Benton. RESPONSE TO NOTICE NO. 9. Defendant objects to this Notice as an improper disclosure device. Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as being premature and not tailored to eliminate issues for trial. Priceless Custom Homes, Inc., 1960 N.Y.S.2d at 457. Defendant further objects to this Notice, as a notice to admit may not be used “for the purpose of compelling admission of fundamental and material issues or ultimate facts that can only be resolved after full trial.” Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as it requires Defendant to admit or deny information that is not known to Defendant and/or is not yet known through discovery and/or is in the possession, custody, or control of Plaintiff and/or third parties. Defendant further objects to this Notice on the grounds that the phrase “directly outside” is vague, imprecise, and/or lacking sufficient particularity. Defendant further objects to this Notice as being cumulative or redundant of Plaintiff’s other Notices. Defendant further objects to this Notice to the extent that it requires Defendant to admit information that is disproportional to the needs of the case such that the burden and expense of responding outweigh the likely benefit. Defendant further objects to this Notice as not relevant to the claims or defenses of any party to this Action. Subject to and without waiving the foregoing objections and the general objections, Defendant has insufficient information at this time to “truthfully either admit or deny” the matters that are the subject of this Notice, despite making reasonable efforts to obtain such information, as the Notice seeks information concerning alleged events that allegedly occurred during the prior 12 FILED: NEW YORK COUNTY CLERK 04/10/2024 02:48 PM INDEX NO. 152438/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 04/10/2024 administration about which Defendant does not have sufficient knowledge. See C.P.L.R. § 3123(a). NOTICE NO. 10. Admit that Ms. Benton’s office contained an interior door to Governor Cuomo’s Office. RESPONSE TO NOTICE NO. 10. Defendant objects to this Notice as an improper disclosure device. Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as being premature and not tailored to eliminate issues for trial. Priceless Custom Homes, Inc., 1960 N.Y.S.2d at 457. Defendant further objects to this Notice, as a notice to admit may not be used “for the purpose of compelling admission of fundamental and material issues or ultimate facts that can only be resolved after full trial.” Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as it requires Defendant to admit or deny information that is not known to Defendant and/or is not yet known through discovery and/or is in the possession, custody, or control of Plaintiff and/or third parties. Defendant further objects to this Notice to the extent it requires the disclosure of confidential, proprietary and/or business information concerning Defendant. Defendant further objects to this Notice as being cumulative or redundant of Plaintiff’s other Notices. Defendant further objects to this Notice to the extent that it requires Defendant to admit information that is disproportional to the needs of the case such that the burden and expense of responding outweigh the likely benefit. Defendant further objects to this Notice as not relevant to the claims or defenses of any party to this Action. Subject to and without waiving the foregoing objections and the general objections, Defendant has insufficient information at this time to “truthfully either admit or deny” the matters that are the subject of this Notice, despite making reasonable efforts to obtain such information, as the Notice seeks information concerning alleged events that allegedly occurred during the prior 13 FILED: NEW YORK COUNTY CLERK 04/10/2024 02:48 PM INDEX NO. 152438/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 04/10/2024 administration about which Defendant does not have sufficient knowledge. See C.P.L.R. § 3123(a). NOTICE NO. 11. Admit that Ms. Benton’s office was directly next to Governor Cuomo’s main office door. RESPONSE TO NOTICE NO. 11. Defendant objects to this Notice as an improper disclosure device. Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as being premature and not tailored to eliminate issues for trial. Priceless Custom Homes, Inc., 1960 N.Y.S.2d at 457. Defendant further objects to this Notice, as a notice to admit may not be used “for the purpose of compelling admission of fundamental and material issues or ultimate facts that can only be resolved after full trial.” Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as it requires Defendant to admit or deny information that is not known to Defendant and/or is not yet known through discovery and/or is in the possession, custody, or control of Plaintiff and/or third parties. Defendant further objects to this Notice as not reasonably limited in temporal scope. Defendant further objects to this Notice as being cumulative or redundant of Plaintiff’s other Notices. Defendant further objects to this Notice to the extent that it requires Defendant to admit information that is disproportional to the needs of the case such that the burden and expense of responding outweigh the likely benefit. Defendant further objects to this Notice to the extent it requires Defendant further objects to this Notice as not relevant to the claims or defenses of any party to this Action. Subject to and without waiving the foregoing objections and the general objections, Defendant has insufficient information at this time to “truthfully either admit or deny” the matters that are the subject of this Notice, despite making reasonable efforts to obtain such information, as the Notice seeks information concerning alleged events that allegedly occurred during the prior 14 FILED: NEW YORK COUNTY CLERK 04/10/2024 02:48 PM INDEX NO. 152438/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 04/10/2024 administration about which Defendant does not have sufficient knowledge. See C.P.L.R. § 3123(a). NOTICE NO. 12. Admit that while she worked as an Executive Assistant to Governor Cuomo, Plaintiff was responsible for covering (sitting it) Ms. Benton’s desk when Ms. Benton was not present. RESPONSE TO NOTICE NO. 12. Defendant objects to this Notice as an improper disclosure device. Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as being premature and not tailored to eliminate issues for trial. Priceless Custom Homes, Inc., 1960 N.Y.S.2d at 457. Defendant further objects to this Notice, as a notice to admit may not be used “for the purpose of compelling admission of fundamental and material issues or ultimate facts that can only be resolved after full trial.” Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as it requires Defendant to admit or deny information that is not known to Defendant and/or is not yet known through discovery and/or is in the possession, custody, or control of Plaintiff and/or third parties. Defendant further objects to this Notice on the grounds that the phrase “covering (sitting it)” is vague, imprecise, and/or lacking sufficient particularity. Defendant further objects to this Notice as not reasonably limited in temporal scope. Defendant further objects to this Notice as being cumulative or redundant of Plaintiff’s other Notices. Defendant further objects to this Notice to the extent that it requires Defendant to admit information that is disproportional to the needs of the case such that the burden and expense of responding outweigh the likely benefit. Defendant further objects to this Notice as not relevant to the claims or defenses of any party to this Action. Subject to and without waiving the foregoing objections and the general objections, Defendant admits only that Plaintiff held the working title of Briefer and civil service payroll title 15 FILED: NEW YORK COUNTY CLERK 04/10/2024 02:48 PM INDEX NO. 152438/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 04/10/2024 of Special or Confidential Assistant for a period of time during her employment with Defendant. Subject to and without waiving the foregoing objections and the general objections, Defendant has insufficient information at this time to “truthfully either admit or deny” the remaining matters that are the subject of this Notice, despite making reasonable efforts to obtain such information, as the Notice seeks information concerning alleged events that allegedly occurred during the prior administration about which Defendant does not have sufficient knowledge. See C.P.L.R. § 3123(a). NOTICE NO. 13. Admit that when Plaintiff worked as an Executive Assistant to Governor Cuomo, Ms. Benton’s desk was closest to Governor Cuomo’s office. RESPONSE TO NOTICE NO. 13. Defendant objects to this Notice as an improper disclosure device. Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as being premature and not tailored to eliminate issues for trial. Priceless Custom Homes, Inc., 1960 N.Y.S.2d at 457. Defendant further objects to this Notice, as a notice to admit may not be used “for the purpose of compelling admission of fundamental and material issues or ultimate facts that can only be resolved after full trial.” Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as it requires Defendant to admit or deny information that is not known to Defendant and/or is not yet known through discovery and/or is in the possession, custody, or control of Plaintiff and/or third parties. Defendant further objects to this Notice as not reasonably limited in temporal scope. Defendant further objects to this Notice as being cumulative or redundant of Plaintiff’s other Notices. Defendant further objects to this Notice to the extent that it requires Defendant to admit information that is disproportional to the needs of the case such that the burden and expense of responding outweigh the likely benefit. Defendant further objects to this Notice as not relevant to the claims or defenses of any party to this Action. 16 FILED: NEW YORK COUNTY CLERK 04/10/2024 02:48 PM INDEX NO. 152438/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 04/10/2024 Subject to and without waiving the foregoing objections and the general objections, Defendant admits only that Plaintiff held the working title of Briefer and civil service payroll title of Special or Confidential Assistant for a period of time during her employment with Defendant . Subject to and without waiving the foregoing objections and the general objections, Defendant has insufficient information at this time to “truthfully either admit or deny” the remaining matters that are the subject of this Notice, despite making reasonable efforts to obtain such information, as the Notice seeks information concerning alleged events that allegedly occurred during the prior administration about which Defendant does not have sufficient knowledge. See C.P.L.R. § 3123(a). NOTICE NO. 14. Admit that, when Plaintiff was hired as Governor Cuomo’s Executive Assistant, she also continued her work as a Briefer. RESPONSE TO NOTICE NO. 14. Defendant objects to this Notice as an improper disclosure device. Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as being premature and not tailored to eliminate issues for trial. Priceless Custom Homes, Inc., 1960 N.Y.S.2d at 457. Defendant further objects to this Notice, as a notice to admit may not be used “for the purpose of compelling admission of fundamental and material issues or ultimate facts that can only be resolved after full trial.” Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as it requires Defendant to admit or deny information that is not known to Defendant and/or is not yet known through discovery and/or is in the possession, custody, or control of Plaintiff and/or third parties. Defendant further objects to this Notice on the grounds that the phrase “continued her work as a Briefer” is vague, imprecise, and/or lacking sufficient particularity. Defendant further objects to this Notice as not reasonably limited in temporal scope. Defendant further objects to this Notice as being cumulative or redundant of Plaintiff’s other Notices. 17 FILED: NEW YORK COUNTY CLERK 04/10/2024 02:48 PM INDEX NO. 152438/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 04/10/2024 Defendant further objects to this Notice to the extent that it requires Defendant to admit information that is disproportional to the needs of the case such that the burden and expense of responding outweigh the likely benefit. Defendant further objects to this Notice as not relevant to the claims or defenses of any party to this Action. Subject to and without waiving the foregoing objections and the general objections, Defendant admits only that Plaintiff held the working title of Briefer and civil service payroll title of Special or Confidential Assistant for a period of time during her employment with Defendant. Subject to and without waiving the foregoing objections and the general objections, Defendant has insufficient information at this time to “truthfully either admit or deny” the remaining matters that are the subject of this Notice, despite making reasonable efforts to obtain such information, as the Notice seeks information concerning alleged events that allegedly occurred during the prior administration about which Defendant does not have sufficient knowledge. See C.P.L.R. § 3123(a). NOTICE NO. 15. Admit that on May 16, 2019, Governor Cuomo asked Plaintiff: “Do you honor your commitments?” RESPONSE TO NOTICE NO. 15. Defendant objects to this Notice as an improper disclosure device. Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as being premature and not tailored to eliminate issues for trial. Priceless Custom Homes, Inc., 1960 N.Y.S.2d at 457. Defendant further objects to this Notice, as a notice to admit may not be used “for the purpose of compelling admission of fundamental and material issues or ultimate facts that can only be resolved after full trial.” Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as it requires Defendant to admit or deny information that is not known to Defendant and/or is not yet known through discovery and/or is in the possession, custody, or control of Plaintiff 18 FILED: NEW YORK COUNTY CLERK 04/10/2024 02:48 PM INDEX NO. 152438/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 04/10/2024 and/or third parties. Defendant further objects to this Notice as being cumulative or redundant of Plaintiff’s other Notices. Defendant further objects to this Notice to the extent that it requires Defendant to admit information that is disproportional to the needs of the case such that the burden and expense of responding outweigh the likely benefit. Defendant further objects to this Notice as not relevant to the claims or defenses of any party to this Action. Defendant further objects to this Notice to the extent that it requires Defendant to admit information that is subject to one or more privileges or protections from disclosure, including, but not limited to: the attorney-client privilege, the self-investigation privilege, the attorney-work product doctrine, or any other privilege or protections available under applicable law. Subject to and without waiving the foregoing objections and the general objections, Defendant has insufficient information at this time to “truthfully either admit or deny” the matters that are the subject of this Notice, despite making reasonable efforts to obtain such information, as the Notice seeks information concerning alleged events that allegedly occurred during the prior administration about which Defendant does not have sufficient knowledge. See C.P.L.R. § 3123(a). NOTICE NO. 16. Admit that on May 16, 2019, Governor Cuomo asked Plaintiff if she had a boyfriend. RESPONSE TO NOTICE NO. 16. Defendant objects to this Notice as an improper disclosure device. Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this Notice as being premature and not tailored to eliminate issues for trial. Priceless Custom Homes, Inc., 1960 N.Y.S.2d at 457. Defendant further objects to this Notice, as a notice to admit may not be used “for the purpose of compelling admission of fundamental and material issues or ultimate facts that can only be resolved after full trial.” Fetahu, 91 N.Y.S.3d at 12. Defendant further objects to this 19 FILED: NEW YORK COUNTY CLERK 04/10/2024 02:48 PM INDEX NO. 152438/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 04/10/2024 Notice as it requires Defendant to admit or deny information that is not known to Defendant and/or is not yet known through discovery and/or is in the possession, custody, or control of Plaintiff and/or third parties. Defendant further objects to this Notice as being cumulative or redundant of Plaintiff’s other Notices. Defendant further objects to this Notice to the extent that it requires Defendant to admit information that is disproportional to the needs of the case such that the burden and expense of responding outweigh the likely benefit. Defendant further objects to this Notice to the extent it requires Defendant to admit information of a personal, private, or confidential nature pertaining to individuals that are not parties to this Action. Subject to and without waiving the foregoing objections and the general objections, Defendant has insufficient information at this time to “truthfully either admit or deny” the matters that are the subject of this Notice, despite making reasonable efforts to obtain such information, as the Notice seeks information concerning alleged events that allegedly occurred during the prior administration about which Defendant does not have sufficient knowledge. See C.P.L.R. § 3123(a). NOTICE NO. 17. Admit that on May 16, 2019, Plaintiff told Governor Cuomo that she did not have a boyfriend. RESPONSE TO NOTICE NO. 17. Defendant objects to this Notice as an improper disclosure device. Fetahu, 91 N.