Preview
FILED: NEW YORK COUNTY CLERK 11/20/2018 12:00 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 48 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 SECOND
-against- NOTICE TO 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 SECOND 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
1 of 4
FILED: NEW YORK COUNTY CLERK 11/20/2018 12:00 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 11/20/2018
vague terms capable of more than one interpretation; is ambiguous in that itrequires
multiple responses and cannot be answered with a yes or no; and itis vague. See Yates
(2nd
vs. Dow Chemical Co., 68 AD 2d 907 department 1979) 414 NYS 2d 200, Berg v.
(1st
Flower Fifth Avenue Hospital 102 AD2d 760, and 476 NYS 2d 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:
CAROL MORELL
Attorneys for Defendants
KALAHARI CONDOMINIUM, THE BOARD OF
MANAGERS OF KALAHARI CONDOMINIUM
and WALLACK MANAGEMENT CO., INC.
2nd
200 Madison Avenue, FlOOr
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 12:00 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 48 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 12:00 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 11/20/2018
LO32785101 VERIFICATION
STA TE OF NEW YORK )
) ss:
COUNTY OF NEW YORK
MARGARET BRIGGS-LOFTON being duly sworn, deposes and says thatshe is the
President of the Board of Managers of Kalabañ C^•-Ar!:r, narned defwet in this action;
that she has read the foregaing REPLY TO SECOND NOTICE TO ADMIT and knows the
ccatchts there of,and that the same istrue to her own knowledge;except as to thematters she
believes itto be true and that sR objeedons as made on the advice of counset
MARG RET BRIGG OFTON
Swom
day of
to before
November
me this
2018
A
O , Y PU
Maria Isabela KobilaskiDoCouto
Notary Public- Stateof New York
No. 01KO6371918
Qualified in Dutchess
County
My Commission Expires03/1212022
4 of 4
Preview
FILED: NEW YORK COUNTY CLERK 11/20/2018 12:00 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 48 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 SECOND -against- NOTICE TO 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 SECOND 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 1 of 4 FILED: NEW YORK COUNTY CLERK 11/20/2018 12:00 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 11/20/2018 vague terms capable of more than one interpretation; is ambiguous in that itrequires multiple responses and cannot be answered with a yes or no; and itis vague. See Yates (2nd vs. Dow Chemical Co., 68 AD 2d 907 department 1979) 414 NYS 2d 200, Berg v. (1st Flower Fifth Avenue Hospital 102 AD2d 760, and 476 NYS 2d 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: CAROL MORELL Attorneys for Defendants KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM and WALLACK MANAGEMENT CO., INC. 2nd 200 Madison Avenue, FlOOr 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 12:00 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 48 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 12:00 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 11/20/2018 LO32785101 VERIFICATION STA TE OF NEW YORK ) ) ss: COUNTY OF NEW YORK MARGARET BRIGGS-LOFTON being duly sworn, deposes and says thatshe is the President of the Board of Managers of Kalabañ C^•-Ar!:r, narned defwet in this action; that she has read the foregaing REPLY TO SECOND NOTICE TO ADMIT and knows the ccatchts there of,and that the same istrue to her own knowledge;except as to thematters she believes itto be true and that sR objeedons as made on the advice of counset MARG RET BRIGG OFTON Swom day of to before November me this 2018 A O , Y PU Maria Isabela KobilaskiDoCouto Notary Public- Stateof New York No. 01KO6371918 Qualified in Dutchess County My Commission Expires03/1212022 4 of 4