Preview
FILED: NEW YORK COUNTY CLERK 07/21/2022 03:55 PM INDEX NO. 150436/2019
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 07/21/2022
JMC:cg SUPREME COURT OF THE STATE OF NEW YORK
06/30/22
COUNTY OF NEW YORK
CARMEN ROMERO, INDEX NO.
150436/2019
Plaintiff,
- against -
VERIFIED RESPONSE TO
THE CITY OF NEW YORK, THE CITY OF NEW YORK PLAINTIFF’S SECOND
CITY DEPARTMENT OF TRANSPORTATION, THE NOTICE TO ADMIT
NEW YORK CITY DEPARTMENT OF EDUCATION,
CONSOLIDATED EDISON COMPANY OF NEW YORK,
INC. and CONSOLIDATED EDISON, INC.,
Defendants.
The defendants, Consolidated Edison Company of New York, Inc. and
Consolidated Edison, Inc., (“Con Edison”) by their attorney, Alexander C. Aviles, as and
for their Verified Response to Plaintiff’s Second Notice to Admit, dated June 22, 2022,
hereby allege upon information and belief the following:
1. That on July 25, 2018 Defendant CONSOLIDATED EDISON COMPANY
OF NEW YORK, INC. owned the cover or grating located in front of The Professor Juan
Bosch School, PS 178, 12-18 Ellwood Street, New York, NY 10040, in the County, City and
State of New York, and further depicted within the attached photo, Exhibit A.
Response: Con Edison objects to this demand on the grounds that it is
an improper demand and not within the scope of a Notice
to Admit as stated in CPLR 3123. In addition, this demand
is vague and non-specific as to the location and description
of the alleged “cover or grating.” In addition to the
foregoing objection, Con Edison further objects to this
request for admission as the identities of neither the “cover
or grating” nor the street can be determined based upon the
picture annexed to the Notice to Admit as Exhibit A.
Without waiving any objections, Admit.
Our File #:
2019-007375
FN2030986
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NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 07/21/2022
2. That on July 25, 2018 Defendant CONSOLIDATED EDISON COMPANY
OF NEW YORK, INC. monitored the cover, grating and concrete pads installed around
the cover or grating and the area extending twelve inches outward from the edge of the
cover, grating or concrete pad, located in front of The Professor Juan Bosch School, PS
178, 12-18 Ellwood Street, New York, NY 10040, in the County, City and State of New
York, and further depicted within the attached photo, Exhibit A.
Response: The demand is improper because it is being used for
“matters which constitute the very dispute of the lawsuit”.
See, Orellana v. City of New York, 203 AD2d 542 [2d Dept.
1994], 612 NYS2d 943. Furthermore, Con Edison is not
required to respond to questions of law that are properly
reserved for trial; Spawton v. James E. Strates Shows, Inc.,
75 Misc 2d 813 [Sup. Ct. 1973]. Notices to Admit cannot be
utilized to seek admissions of interpretations of law; Villa
v. New York City Housing Authority, 107 AD2d 619 [1st
Dept. 1985].
3. That on July 25, 2018 Defendant CONSOLIDATED EDISON, INC. owned
the cover or grating located in front of The Professor Juan Bosch School, PS 178, 12- 18
Ellwood Street, New York, NY 10040, in the County, City and State of New York, and
further depicted within the attached photo, Exhibit A.
Response: Deny.
4. That on July 25, 2018 Defendant CONSOLIDATED EDISON, INC.
monitored the cover, grating and concrete pads installed around the cover or grating and
the area extending twelve inches outward from the edge of the cover, grating or concrete
pad, located in front of The Professor Juan Bosch School, PS 178, 12-18 Ellwood Street,
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NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 07/21/2022
New York, NY 10040, in the County, City and State of New York, and further depicted
within the attached photo, Exhibit A.
Response: Deny.
Defendants, Consolidated Edison Company of New York, Inc. and Consolidated
Edison, Inc., hereby reserve their right to update, supplement and/or amend this
response, up to and including the time of trial should additional information become
available.
Dated: New York, New York
July 21, 2022.
Yours, etc.,
ALEXANDER C. AVILES
By:___________________________
J. McGarry Costello, Esq.
Attorney for Defendants
Consolidated Edison Company
of New York, Inc. and
Consolidated Edison, Inc.
4 Irving Place
New York, NY 10003
TO: Via NYSCEF to all parties
STEVEN ADAM RUBIN & ASSOCIATES, PLLC
Attorneys for Plaintiff
71 West 23rd Street, Suite 1623
New York, New York 10010
SYLVIA O. HINDS-RADIX
Corporation Counsel
Attorneys for Defendants
THE CITY OF NEW YORK,
THE NEW YORK CITY
DEPARTMENT OF TRANSPORTATION, and
THE NEW YORK CITY DEPARTMENT OF EDUCATION
100 Church Street, 4th Floor
New York, New York 10007
LD File No. 2019-006431
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NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 07/21/2022
VERIFICATION
STATE OF NEW YORK )
) SS.:
COUNTY OF KINGS )
Scott A. Levinson, an attorney duly authorized to practice in the State of New York
who is not a party to this action and an officer of Consolidated Edison Company of New
York, Inc., affirms under penalty of perjury that that the foregoing is true to his knowledge
except as to the matters therein stated to be alleged upon information and belief, and that
as to those matters, he believes them to be true. The grounds for his belief as to all matters
not stated upon personal knowledge are the books and records of the corporation.
Scott A. Levinson, Esq.
Vice President
Consolidated Edison Company of New York,
Inc.
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NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 07/21/2022
INDEX NO. 150436/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
CARMEN ROMERO,
Plaintiff,
- against -
THE CITY OF NEW YORK, THE CITY OF NEW YORK CITY DEPARTMENT OF
TRANSPORTATION, THE NEW YORK CITY DEPARTMENT OF EDUCATION, CONSOLIDATED
EDISON COMPANY OF NEW YORK, INC. and CONSOLIDATED EDISON, INC.,
Defendants.
VERIFIED RESPONSE TO PLAINTIFF’S SECOND NOTICE TO ADMIT
Alexander C. Aviles
Attorney for
Consolidated Edison Company of New York, Inc.
and Consolidated Edison, Inc.
4 Irving Place, Room 1800
New York, New York 10003-3598
Tel. No. (212) 460-3355
FAX No. (212) 677-5849
To Service of a copy of the within
is hereby admitted.
Dated:__________________________
Attorney(s) for _________________________________
PLEASE TAKE NOTICE:
[] NOTICE OF ENTRY
that the within is a true copy of anentered in the office of the clerk of the within named court on .
[] NOTICE OF SETTLEMENT
that an Order of which the within is a true copy will be presented for settlement to the HON. one of the judges of the
within named Court, at on at M.
Dated:
Yours, etc.,
Alexander C. Aviles
Refer all communications to: J. McGarry Costello
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Preview
FILED: NEW YORK COUNTY CLERK 07/21/2022 03:55 PM INDEX NO. 150436/2019 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 07/21/2022 JMC:cg SUPREME COURT OF THE STATE OF NEW YORK 06/30/22 COUNTY OF NEW YORK CARMEN ROMERO, INDEX NO. 150436/2019 Plaintiff, - against - VERIFIED RESPONSE TO THE CITY OF NEW YORK, THE CITY OF NEW YORK PLAINTIFF’S SECOND CITY DEPARTMENT OF TRANSPORTATION, THE NOTICE TO ADMIT NEW YORK CITY DEPARTMENT OF EDUCATION, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. and CONSOLIDATED EDISON, INC., Defendants. The defendants, Consolidated Edison Company of New York, Inc. and Consolidated Edison, Inc., (“Con Edison”) by their attorney, Alexander C. Aviles, as and for their Verified Response to Plaintiff’s Second Notice to Admit, dated June 22, 2022, hereby allege upon information and belief the following: 1. That on July 25, 2018 Defendant CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. owned the cover or grating located in front of The Professor Juan Bosch School, PS 178, 12-18 Ellwood Street, New York, NY 10040, in the County, City and State of New York, and further depicted within the attached photo, Exhibit A. Response: Con Edison objects to this demand on the grounds that it is an improper demand and not within the scope of a Notice to Admit as stated in CPLR 3123. In addition, this demand is vague and non-specific as to the location and description of the alleged “cover or grating.” In addition to the foregoing objection, Con Edison further objects to this request for admission as the identities of neither the “cover or grating” nor the street can be determined based upon the picture annexed to the Notice to Admit as Exhibit A. Without waiving any objections, Admit. Our File #: 2019-007375 FN2030986 1 of 5 FILED: NEW YORK COUNTY CLERK 07/21/2022 03:55 PM INDEX NO. 150436/2019 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 07/21/2022 2. That on July 25, 2018 Defendant CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. monitored the cover, grating and concrete pads installed around the cover or grating and the area extending twelve inches outward from the edge of the cover, grating or concrete pad, located in front of The Professor Juan Bosch School, PS 178, 12-18 Ellwood Street, New York, NY 10040, in the County, City and State of New York, and further depicted within the attached photo, Exhibit A. Response: The demand is improper because it is being used for “matters which constitute the very dispute of the lawsuit”. See, Orellana v. City of New York, 203 AD2d 542 [2d Dept. 1994], 612 NYS2d 943. Furthermore, Con Edison is not required to respond to questions of law that are properly reserved for trial; Spawton v. James E. Strates Shows, Inc., 75 Misc 2d 813 [Sup. Ct. 1973]. Notices to Admit cannot be utilized to seek admissions of interpretations of law; Villa v. New York City Housing Authority, 107 AD2d 619 [1st Dept. 1985]. 3. That on July 25, 2018 Defendant CONSOLIDATED EDISON, INC. owned the cover or grating located in front of The Professor Juan Bosch School, PS 178, 12- 18 Ellwood Street, New York, NY 10040, in the County, City and State of New York, and further depicted within the attached photo, Exhibit A. Response: Deny. 4. That on July 25, 2018 Defendant CONSOLIDATED EDISON, INC. monitored the cover, grating and concrete pads installed around the cover or grating and the area extending twelve inches outward from the edge of the cover, grating or concrete pad, located in front of The Professor Juan Bosch School, PS 178, 12-18 Ellwood Street, 2 of 5 FILED: NEW YORK COUNTY CLERK 07/21/2022 03:55 PM INDEX NO. 150436/2019 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 07/21/2022 New York, NY 10040, in the County, City and State of New York, and further depicted within the attached photo, Exhibit A. Response: Deny. Defendants, Consolidated Edison Company of New York, Inc. and Consolidated Edison, Inc., hereby reserve their right to update, supplement and/or amend this response, up to and including the time of trial should additional information become available. Dated: New York, New York July 21, 2022. Yours, etc., ALEXANDER C. AVILES By:___________________________ J. McGarry Costello, Esq. Attorney for Defendants Consolidated Edison Company of New York, Inc. and Consolidated Edison, Inc. 4 Irving Place New York, NY 10003 TO: Via NYSCEF to all parties STEVEN ADAM RUBIN & ASSOCIATES, PLLC Attorneys for Plaintiff 71 West 23rd Street, Suite 1623 New York, New York 10010 SYLVIA O. HINDS-RADIX Corporation Counsel Attorneys for Defendants THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION, and THE NEW YORK CITY DEPARTMENT OF EDUCATION 100 Church Street, 4th Floor New York, New York 10007 LD File No. 2019-006431 3 of 5 FILED: NEW YORK COUNTY CLERK 07/21/2022 03:55 PM INDEX NO. 150436/2019 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 07/21/2022 VERIFICATION STATE OF NEW YORK ) ) SS.: COUNTY OF KINGS ) Scott A. Levinson, an attorney duly authorized to practice in the State of New York who is not a party to this action and an officer of Consolidated Edison Company of New York, Inc., affirms under penalty of perjury that that the foregoing is true to his knowledge except as to the matters therein stated to be alleged upon information and belief, and that as to those matters, he believes them to be true. The grounds for his belief as to all matters not stated upon personal knowledge are the books and records of the corporation. Scott A. Levinson, Esq. Vice President Consolidated Edison Company of New York, Inc. 4 of 5 FILED: NEW YORK COUNTY CLERK 07/21/2022 03:55 PM INDEX NO. 150436/2019 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 07/21/2022 INDEX NO. 150436/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK CARMEN ROMERO, Plaintiff, - against - THE CITY OF NEW YORK, THE CITY OF NEW YORK CITY DEPARTMENT OF TRANSPORTATION, THE NEW YORK CITY DEPARTMENT OF EDUCATION, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. and CONSOLIDATED EDISON, INC., Defendants. VERIFIED RESPONSE TO PLAINTIFF’S SECOND NOTICE TO ADMIT Alexander C. Aviles Attorney for Consolidated Edison Company of New York, Inc. and Consolidated Edison, Inc. 4 Irving Place, Room 1800 New York, New York 10003-3598 Tel. No. (212) 460-3355 FAX No. (212) 677-5849 To Service of a copy of the within is hereby admitted. Dated:__________________________ Attorney(s) for _________________________________ PLEASE TAKE NOTICE: [] NOTICE OF ENTRY that the within is a true copy of anentered in the office of the clerk of the within named court on . [] NOTICE OF SETTLEMENT that an Order of which the within is a true copy will be presented for settlement to the HON. one of the judges of the within named Court, at on at M. Dated: Yours, etc., Alexander C. Aviles Refer all communications to: J. McGarry Costello 5 of 5