Preview
FILED: NEW YORK COUNTY CLERK 11/20/2018 11:46 AM INDEX NO. 154374/2018
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 11/20/2018
LO32785101
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------------------------------------------------------------x
YVETTE McCLAMB Index No.: 154374/2018
Plaintiff,
REPLY TO NOTICE TO
-against- ADMIT
HOUSING PARTNERSHIP DEVELOPLMENT
CORPORATION, KALAHARI CONDOMINIUM, THE
BOARD OF MANAGERS OF KALAHARI
CONDOMINIUM, WALLACK MANAGEMENT CO.,
INC., RNC INDUSTRIES, LLC and WEST NEW YORK
RESTORATION OF CT, INC.
Defendants.
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C O U N S E L:
PLEASE TAKE NOTICE, defendants, KALAHARI CONDOMINIUM, THE BOARD
OF MANAGERS OF KALAHARI CONDOMINIUM, and WALLACK MANAGEMENT CO.,
INC., by Margaret G. Klein & Associates, as attorneys, pursuant to CPLR § 3123 and in REPLY
TO NOTICE TO ADMIT, served by plaintiff, dated October 24, 2018, states as follows, upon
information and belief:
1. The above referenced defendants deny and object to paragraphs 1, 2, 3, 4, 6, 7, 8, 9,
and 11 of this demand for admission on the grounds that such a demand is palpably
improper and beyond the scope of the purpose of a Notice to Admit, since itrequires
an admission of an ultimate or conclusory fact and interpretation of law; uses
undefined and vague terms capable of more than one interpretation; is ambiguous in
1 of 4
FILED: NEW YORK COUNTY CLERK 11/20/2018 11:46 AM INDEX NO. 154374/2018
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 11/20/2018
that itrequires multiple responses and cannot be answered with a yes or no; and itis
(2nd
vague. See Yates vs. Dow Chemical Co., 68 AD 2d 907 department 1979) 414
NYS 2d 200, Berg v. Flower Fifth Avenue Hospital 102 AD2d 760, and 476 NYS 2d
(1"
895 Dept, 1984).
2. The above referenced defendants deny paragraphs 5 and 10.
PLEASE TAKE NOTICE that the defendants, KALAHARI CONDOMINIUM, THE
BOARD OF MANAGERS OF KALAHARI CONDOMINIUM, and WALLACK
MANAGEMENT CO., INC. reserve the right to amend and/or supplement their responses up to
and including the time of trial.
Dated: New York, New York
November 9, 2018
Yours, etc.
MARGARET G. KLEIN & ASSOCIATES
BY:
CAROLNORELL
Attorneys for Defendants
KALAHARI CONDOMINIUM, THE BOARD OF
MANAGERS OF KALAHARI CONDOMINIUM,
and WALLACK MANAGEMENT CO., INC.
2nd
200 Madison Avenue, FlOOT
New York, New York 10016
(646) 392-9250
TO: RHEINGOLD GIUFFRA RUFFO &
PLOTKIN, LLP
Attorney For: YVETTE McCLAMB
551 Fifth Avenue, 29th Fl.
New York, NY 10176
Phone: (212) 684-1880
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FILED: NEW YORK COUNTY CLERK 11/20/2018 11:46 AM INDEX NO. 154374/2018
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 11/20/2018
DEVITT SPELLMAN BARRETT,
LLP
Attorney For: HOUSING
PARTNERSHIP DEVELOPLMENT
CORPORATION
50 Route 111, Suite 314
Smithtown, NY 11787
Phone: (631) 724-8833
PERRY, VAN ETTEN, ROZANSKI
& PRIMAVERA LLP
Attorney For: RNC INDUSTRIES,
LLC
60 Broad Street, Suite 3600A
New York, NY 10004
Phone: (212) 406-9710
STRADLEY RONON STEVENS &
YOUNG, LLP
Attorney For: WEST NEW YORK
RESTORATION OF CT, INC.
100 Park Avenue, Suite 2000
New York, NY 10017
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FILED: NEW YORK COUNTY CLERK 11/20/2018 11:46 AM INDEX NO. 154374/2018
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 11/20/2018
LO32785101 VERBTCATION
STATE OF NEW YORK )
) as:
COUNTY OF NEW YORK
MARGARET BRIGGS-LOFTON being duly sworn, deposes and says that she is the
President of the Board of Managers of Kalahari Cedc-M=, named defendant in thisaction;
that she has read the forcgoing REPLY TO NOTICE TO ADMIT and knows the contents there
of, and thatthe same is true to her own knowledge, except as to the ma**m she bclieves itto be
true and that allobjections are made on the advice of em_el.
MARG BRIGG - .OFTO
Sworn to befom me this
day of November201 8
NOTARŸ UB C
Maria isabelaKobllaskiDoCouto
Notary Public- State
ofNew York
No.
01KO6371918
Qualifiedin Dutchess
My Commission County
Expires03/12/2022
4 of 4
Preview
FILED: NEW YORK COUNTY CLERK 11/20/2018 11:46 AM INDEX NO. 154374/2018 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 11/20/2018 LO32785101 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------------x YVETTE McCLAMB Index No.: 154374/2018 Plaintiff, REPLY TO NOTICE TO -against- ADMIT HOUSING PARTNERSHIP DEVELOPLMENT CORPORATION, KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM, WALLACK MANAGEMENT CO., INC., RNC INDUSTRIES, LLC and WEST NEW YORK RESTORATION OF CT, INC. Defendants. ---------------------------------------------------------------- x C O U N S E L: PLEASE TAKE NOTICE, defendants, KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM, and WALLACK MANAGEMENT CO., INC., by Margaret G. Klein & Associates, as attorneys, pursuant to CPLR § 3123 and in REPLY TO NOTICE TO ADMIT, served by plaintiff, dated October 24, 2018, states as follows, upon information and belief: 1. The above referenced defendants deny and object to paragraphs 1, 2, 3, 4, 6, 7, 8, 9, and 11 of this demand for admission on the grounds that such a demand is palpably improper and beyond the scope of the purpose of a Notice to Admit, since itrequires an admission of an ultimate or conclusory fact and interpretation of law; uses undefined and vague terms capable of more than one interpretation; is ambiguous in 1 of 4 FILED: NEW YORK COUNTY CLERK 11/20/2018 11:46 AM INDEX NO. 154374/2018 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 11/20/2018 that itrequires multiple responses and cannot be answered with a yes or no; and itis (2nd vague. See Yates vs. Dow Chemical Co., 68 AD 2d 907 department 1979) 414 NYS 2d 200, Berg v. Flower Fifth Avenue Hospital 102 AD2d 760, and 476 NYS 2d (1" 895 Dept, 1984). 2. The above referenced defendants deny paragraphs 5 and 10. PLEASE TAKE NOTICE that the defendants, KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM, and WALLACK MANAGEMENT CO., INC. reserve the right to amend and/or supplement their responses up to and including the time of trial. Dated: New York, New York November 9, 2018 Yours, etc. MARGARET G. KLEIN & ASSOCIATES BY: CAROLNORELL Attorneys for Defendants KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM, and WALLACK MANAGEMENT CO., INC. 2nd 200 Madison Avenue, FlOOT New York, New York 10016 (646) 392-9250 TO: RHEINGOLD GIUFFRA RUFFO & PLOTKIN, LLP Attorney For: YVETTE McCLAMB 551 Fifth Avenue, 29th Fl. New York, NY 10176 Phone: (212) 684-1880 2 of 4 FILED: NEW YORK COUNTY CLERK 11/20/2018 11:46 AM INDEX NO. 154374/2018 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 11/20/2018 DEVITT SPELLMAN BARRETT, LLP Attorney For: HOUSING PARTNERSHIP DEVELOPLMENT CORPORATION 50 Route 111, Suite 314 Smithtown, NY 11787 Phone: (631) 724-8833 PERRY, VAN ETTEN, ROZANSKI & PRIMAVERA LLP Attorney For: RNC INDUSTRIES, LLC 60 Broad Street, Suite 3600A New York, NY 10004 Phone: (212) 406-9710 STRADLEY RONON STEVENS & YOUNG, LLP Attorney For: WEST NEW YORK RESTORATION OF CT, INC. 100 Park Avenue, Suite 2000 New York, NY 10017 3 of 4 FILED: NEW YORK COUNTY CLERK 11/20/2018 11:46 AM INDEX NO. 154374/2018 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 11/20/2018 LO32785101 VERBTCATION STATE OF NEW YORK ) ) as: COUNTY OF NEW YORK MARGARET BRIGGS-LOFTON being duly sworn, deposes and says that she is the President of the Board of Managers of Kalahari Cedc-M=, named defendant in thisaction; that she has read the forcgoing REPLY TO NOTICE TO ADMIT and knows the contents there of, and thatthe same is true to her own knowledge, except as to the ma**m she bclieves itto be true and that allobjections are made on the advice of em_el. MARG BRIGG - .OFTO Sworn to befom me this day of November201 8 NOTARŸ UB C Maria isabelaKobllaskiDoCouto Notary Public- State ofNew York No. 01KO6371918 Qualifiedin Dutchess My Commission County Expires03/12/2022 4 of 4