8/9/2019 Exhibit b - Answer
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E XHIBIT B
ILED: NEW YORK COUNTY CLERK 01/16/2015 05:37 PM INDEX NO. 152723/
YSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/16/
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SUPREME
COI.]RT
OF
TIIE
STATE
OT.'NHW
YORK
COUNI'Y
OF
NEW
YORK
----------
x
NYC C,L,A,S,H,,INC.
and
RUSSELL
WISH'I'AK[,
Individually,
Plaintiffs,
-against-
CIT'Y OF
NHW YORK,
TI IE
NEW
YORK
CITY
COLTNCIL
and
MELISSA MARK-VIVERITO,
in
her
official capacily
as
Speaker
of
THE
NEW
YORK
CITY
COLTNCIL,
Defendants
ANSWER
lndex
No,
15272312014
x
DAFENDANTS, the
City
of
New
York ( City ),
the
New
York
City
Council
( City
Council ),
and
MELISSA
MARK-VIVER|IO, in
her
official
capacity as
Speaker
of
the New York City
Council,
by
their attorney ZACHARY
lV,
CARTR,
Corporation
Counsel
for
the
City
of
New York,
as
and
for
their
answer
to
the
Complaint,
state
upon information
and
belief:
l,
Deny the
allegations contained
in
paragraph '01
of
the
Complaint
insofar
as
they
allege or
purporl
to
allege
that Plaintiffs
have
a valid
clairn or
claims
against
Dofendants,
insof'ar
as
Plaintiffs allege that they
are entitled
to
the reliel'sought
8/9/2019 Exhibit b - Answer
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herein,
and
insofar as they
allege any
wrongdoing
on
the
part
of
Detendants; except deny
kriowledge
or information sufficient
to form a belief as to
the
truth of
the
allegations
set
forth in
paragraph
o'1
of the Complaint as
to
Plaintiffs' states of
mind
and
intent in
commencing
this
action,
and
as
to
the
relief
sought
by
Plaintiffs,
2,
Deny the allegations
sel
forth
in
paragraphoo2
of the Complaint,
3.
The
allegations
set forth
in
paragraphoo3o'
of
the
Complaint consist
solely
of
legal argument for
which
no response is warranled, however to
the xtent that a
rcsponse
is
required
Defendants
deny
the allegations containeel
in
paragraph
3
of'the
Complaint
insofar
as they allege or
purport
to
allege that
Plaintift's
have a valid
claim or
claims against Defendants, and insofar
as
they
allege
any
wrongdoing
on the
part
of
Defendants;
and
deny
that the allegations set
forth in
paragraph
((3
of
the
Complainl
completely
and
accurrately
describc
New York Civil
Practice
Law
and
Rules
( CPLR )
$
3001
referred
to therein, and
respectfully
refer
the Court to CPLR
$
3001
f'or
the
f'ull
text
and
true
meaning
thereofl
4,
The allegations
set
forth in
paragraph
'04
of the Complaint
consist
solely of
legal
argument
for
which no
response
is
warranted,
howgver
to
the
extent that
a
response is required
Defendants
deny
the
allegations contained
in
paragraph
4
o1the
Complaint insofar as
they allege or
purport
to
allege that
Plaintiffs
have
a valid
claim or
claims against Defendants,
ancl
insofar
as
they
allege
any
wrongdoing
on
the
part
of
Defendants.
5,
Deny the
allegations set
forlh
in
paragraph
5
of
the
Complaint,
insofar
as
they allegc
or
purport
to allege
that
Plaintiffs
have a valid claim
or
claims
2
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gainst
Dei-endants,
and
insofar as they
allege
any wongdoing
on
the
part
of
Defendants,
except
aclmit
that
Venue
for
tliis
action
lies in
this
Court.
6,
Deny
knowleclge
or
information
suffrcient
to
form
a
belief
as to
the
truth
of
the
allegations
set forth
in
paragraph
6
of
the
Complaint,
7,
l)eny
knowledge
or information sufficient
to
fbrm
a
belief
as to
the
truth
of the
allegations set
forth in
paragraph'o7
of
the Complaint,
8.
Deny knowledge or information sufficient to
form a belief as to
the
truth of
the
allegations set
forth
in
paragraph
o'8'o
of
the Complaint about
the
Plaintiff s
members;
except deny that the allegations
set
fbrth
in
paragraph
8
of
the
Complaint
oomplexely
and
accurately describe
Looal Law
152
of
2013
ref'ened
to therein, and
respectflrlly
refer
the
Court
to
Local Law
152
of 2013 for the
full
text
and
true
meaning
thereof.
9.
Deny
knorvledge or
information suffioient
[o
form a belief
as to the
truth of
the allegations
set
f'o*h
in
paragraph
9
of
the Complaint,
10.
Admit
the allegations
set
fbrth in
paragraph
*10'r
of
the Complaint,
11.
Deny
that the
allegations
set lbrth in
paragraph
ll of
the
Complaint
accurately
and
completely
describe
the
New York City
Council, and
respectfully
refer
the Court
to
thc New York
City
Charter
( City
Charter ),
and
the
New
York City A
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extent
that a
response
is requirecl Defenclants
cleny
the
allegations contained
in
paragraph
12
of
the
Compiaint
insofar as
they
allege
or
purport
to allege that
Plaintiffs have
a
valicl clairn
or
claims against
Defbndants, and insof'ar as
they
allege
any wrongdoing
on
the
part
of
Delendants.
13,
Deny knowledge or
information sufficient
to
f'orn
a
beliei'as
to
the
tnrth of
the
allegations
set fbrth
in
paragraph
ool
3'o
of
the
Complaint,
14, The allegations set
forth in
paragraph
'014
of the Complaint
consist
solely
of
legal
argument
for
which
no
response is
wanantecl, however
to
the
extent that
a
response is required Defendants deny the allegations contained
in
paragraph
o'14
of the
Complaint
insofar as
they
allege
or
purport
to
allege
that
Plaintiffs
have
a
valid claim
or
claims against
Dsfcndants,
and
insofar
as they allege any
wrongdoing
on
thc
part
of Defendants.
15.
Deny
knowledge
or
inf'ormation
sufcient
to
form
a
belief
as to th
truth of the allegations
set
fbrth in
paragraph
l5
of the
Complaint,
16,
The
allegations
set
forth
in
paragraph
o'16
of
the
Complaint
consist
solely
of
legal
argument
for
which
no
respgnse is warrantecl,
however
to
the
extent
that a
response is required Def'endants
deny the allegations contained
in
paragraph
'016
of
the
Complaint
insofar
as
they
allege
or
purport
to allege
that
Plaintiffs have
a
valid
clain
or
claims against Defendants,
and
insofar
as
they
allege any
wrongcloing
on
the
parl
of
Defendants;
and
cleny
that
the
allegations set f'orth
in
paragraph'016
of
the
Complaint completely
ancl
accurately
clesmibe
the
case
cited
therein, and
respectf'urlly
refer
the Court to
the
case
for
the
full
texl
and
true meaning
thereof,
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17.
The
allegations
set
forth
in
paragraph
17
of
the
Complaint
consist
solely
of legal argrmrent
for
which
no
response
is warranted,
however lo
the
extent that
a
response is recluired
Defendants deny
the allegations
sontained
in
paragraph
oolTo'
of the
Complaint
insofar as
they
allege
or
purport
to
allege
that
Plaintiffs
have
a
valid claim
or
claims against
Defendants,
ancl
insofar as they
allege
any
wrongdoing
on
the
part
ol'Defbnclants; and
deny
that
the allegations
set f'orth
in
paragraph
lT
of
the
Complaint
completely
and accurately
dcscribe
the
Clean
lndoor
Air
Act refened to
therein,
and
respectfully refcr thc Court
to
the
Clean
Indoor
Air
Act
for
the
f'ull
text
and
true
meaning
thereof;
nnd
f'urther
deny
the allegations set forth
in
paragraph
*17
of
the
Complaint to
the
xtent
that
they
allege
or
purport
to
allege
that
Chapter
5
ref'erenced
therein constitutes
a
local
law; and
further
deny
the
allegations set
fbrth
in
paragraph
1
7
of
the Complaint to the
extent that they allege
or
purport
to allege
that
the
Historical
Note referenced therein is
part
of
the Administrative Code; and f'urtlier cleny the
allegations
set f'orth in
paragraph
77
of the Complaint to
the
extenl
that they
allege
or
purport
to
allege
that
a
chapter of the A.dministrative Code
comprises
a
single
local
law ,
o
that
it
is an
acurate
defrnilion
or
use of the termoolocal law ,
18.
Deny
that
the allegations
set
l'orth
in
paragraph
18
of
the
Complaint
completely
ancl
accurately describe
ths Clean
Incloor Air
Act
ref'effed
to
therein, and
respectf'ully refbr the
Court
to
the Clean lndoor
Air Act
for
the full text and
true meaning thereof
19.
The
allegations
set
fbrth
in
paragraph
19
01'
the
Complaint
consist
solely
of
legal
argumenl
tbr
which
no
response
is
wanantecl,
however
to
the
extent that
a
response
is required Defendants
deny the allegations
contained
in
paragraph
5
8/9/2019 Exhibit b - Answer
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0019
of the Complaint
insofar as
they
allege
or
purport
to allege
that
Plaintils
have
a
valicl
claim or
claims
against
Defendants, and
insof'ar as they allege
any
wrongdoing
on
the
part
of'Defendants;
and
deny that the
allegations
set
forth in
paragraph'019
of
thc
Complaint completely and
accurately describe
the
purpose
of the
Clean
Indoor
Air
Act
referred
to therein, and respectfuily
tefer the Court to
the
Clean
lucloor Air Act
and
its
legislative
history for
the
full texts and
true
meanings thereof; and frther
deny
the
allegations
set
forth in
paragraph
l9
of the Complaint to the
extent that
They
allege
or
purport
1o
allege
that
the
Legislative Finclings
referrccl to therein are
part
of
the
Administrativ
Code,
and
respectfully refer
the
Court
to
the
Administrative
Code
for the
full
text and
true meaning
thereof
20.
The
allegations
set
forth
in
paragraph
20
of
the
Complaint
consist
solely
of
legal
argument
for which no response
is warranted, however
to
the
extent that
a response is required
Defendants
deny the
allegations oontained
in
paragraph
0020
ol
the
Cornplaint
insofar as they allege
or
purport
to allege that
Plaintiffs
have
a
valid claim or
claims
against Defcndants, and
insofar
as
they
allege any
wrongdoing
on
the
part
of
Defendants;
and deny
that
the
allegations
set
forth in
paragraph
20
of
the
Complaint completely ancl
accr.rrately describe thc Clean
Indoor
Air
Act
ancl
Administrative
Code
{j17-503
referred
to
therein,
and respectfully refer the
Court to the
Clean
Indoor
Air ct
and
Administrative
Corle
$17-503
for
the
full
texts an
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therein,
and
respectlully
refer the
Cou1
to
the Clean
Indoor Air Act
fbr
the
full
text
and
true
meaning thereof,
22. The
allegations
set
tbrth
in
paragraph
22
af
the Cornplaint
consist
solely of
legal
argument
fol
rvhich no response is warranted, however
to
thc
extent
that
a response is required
Def'endants
deny the allegations
contained in
patagrapl,
o'22
o'the
Complaint
insof'ar
as they
allege
or
purport
1o
allege that
Plaintiffs
have
a
valid olaim
or
caims
against
Defendants, and
insof'ar
as
they
allege any
lvrongdoing on
the
part
of'Defenclants;
ancl
cleny
that
the allcgations
set
forth
in
paragraph
22
of the
Complaint
completely and
accurately
describe
the
Clean Indcor
Air
AcT, its
legislative
history
and
Administrative
Code
$17-503
referred
to
therein,
anci
respectfully refer
the
Court to the Clean
Indoor
Air Act,
its
legislative
history
and Administrativs
Code
$17-
503 fcrr the full texts
and
true
meanings
thereof,
23.
The
allegations
set fbrth
in
paragraph
*23
of
tlre
Complaint
consist
solely
of
legal
argument
for
which no response
is warranted, hor.vever
to
the
extent that
a
response
is
required Defendants deny
the
allegations contained
in
paragraph
23'o
ef the Complaint
insofar
as
they allege or
purport
to
altege
that
Plaintiffs
have
a
valid
claim
or
claims against l)efbndants,
ancl
insofar
as they
allege any
wrongdoing on
the
part
of
Defendants;
and
deny
that the allegations
set
forth in
paragraph
o'23
of the
Complaint ccmpletely
and acsurately describe
the Smoke
Free Air
Act
referred
to
therein,
and
respectlrrlly
rel'er
the Court
to
the
Smoke Free
Air
Acl fbr
the full
text
and
true meaning
thereof
24, The
allegatons set fbrlh in
paragraph
24 ef the
Cornplaint
consist solely of legal
argument
t'or
which
no
response
is
warranted, however
to
the
-7
-
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extent
that
a response
is
required
Defendants deny the
allegations contained in
paragraph
24
of the Complaint
insofar
as
they
allege
or
purport
to allege
that Plaintiffs
have a
valid
claim or
claims against
Defendants,
and
insofar
as
they allege any wrongdoing
on
the
part
of Defendants;
and
deny that the allegations set
forth in
paragraph
o'24
of
the
Complaint
completely
and accurately describe
the
Clean
Indoor
Air
Act
and
the
Smoke
I'ree
Air
Act
refened
to therein,
and
respectllully
refbr
the
Court
to
the Clean
Indoor
Air
Act and the
Smoke Free Air
Act
fbr
the
flll
texts
and
true
meanings thereof
25.
Deny that
the
allegations
set
forth in
paragraph
'025
of rhe
Complaint
completely
and aocurately
rlescribe
The
Smoke
Frec
Air
Act
ref'ened
to
therein, and respectfully refer
the Cou to the Smoke
-ree
Air
Act
for
the f'ull
text and
true meaning
thereol'.
26, l)eny
the allegalions
set forth
in
paragraph
o'26
of
the
Corlplaint,
27, Deny
that the allegations set
lorth
in
paragraph
o'27
of
the
Complaint completely and accurately
describe
the
purpose
of the Smoke
F'ree
Air
Act
referred to therein,
and
respectfully
ref'er
the
Court to
the
legislative history
of
the
Smoke
Free
Air
Act
for the full
tsxt ancl true meaning
thereof,
28, The
allegations
set
forth
in
paragraph
28
of
the Complaint
consist
solely
of
legal
argument fbr which no
response
is
warranted,
however
to
the
extent that
a
response is
required
Defendanls
deny
the ailegations
oontained
in
paragraph
28
ol'the
Complaint
insofar
as
they
allege or
purporl
to
allege that
Plaintiffs
have
a
valid claim or
claims
against Defendants, and
insofar
as
they
allege any
wrongdoing
on
the
parl
of Defendants;
ancl deny
that
the
allegations set lbrth
in
paragtaph
28
of
the
Complaint completely
and
accurately clescribe
the
Smoke
F'ree
Air
Act rel'ened
to
-8-
8/9/2019 Exhibit b - Answer
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therein,
and
respectfully refer
the Court
to
the
Smoke Free
Air
Act
fol
the
full
text ancl
true
meaning
thereof.
29.
l)eny
that the
allegations
set
forth in
paragraph
o'29
of the
Complaint
completely
anl acourately describe
the DOHMH Bulletin refenecl
to
therein,
and
respeetfully
refer
the
Court
to
the
DOIIMH
Bulletin
for
the
full
text
and true
rneaning
thereof',
30,
Deny
that the
allegations
set
forth in
paragraph
o*30
of the
Complaint
completely and
accurately describe
the testimony
referred
to therein,
ancl
respectl'ully refsr
the
Court
to
the testimony
for
the
full
text
ancl
true meaning
thereof,
31.
Deny
that the
allegations
set
fbrth
in
paragraph
31
of
the
Complaint completely and
accurately describe the
testimony
refened
to therein,
and
respectfblly
refer thc
Court
to
the
testimony
for
the full
text
and
true meaning
thereof
32.
Deny
that
the allegations set
lbrth in
paragraph
'032
of
the
Complaint
completely and
accurately describe
the testimony
refened to therein, and
respectfully
refer the
Court
to the testimony
for
the
full
text
anci
true
neaning thereof,
33.
Deny thal
the
allegations
sel forth
in
paragraph
33
of
the
Complaint completely
and accurately clescribe
the testimony
ref'erred
to
therein,
ancl
respectfully
refer
the
Corut
to the testimony
lor the full text
and true meaning
thereof.
34,
Deny
that the allegalions
set forth
in
paragraph
34
of the
Complaint complelely
and
accurateiy
describe the
xestirnony
refbned
to
therein,
ancl
respectf'ully refer the
Court
to
the
testimony
fbr
the
full
text
and
true meaning
thereof
I
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35,
Deny that
the allegations set
forth in
paragraph
35
of
the
Complaint
completely and
accurately
describe the lestimony
ref'ened
to therein, and
respectlirlly refbr
the
Court
to
the testimony for
the
full
text
and
true
meaning
thereof,
36.
Deny
that
the
allegations
set forth
in
paragraph
36
of
the
Complaint completely and
accurately
describe
the
testinrony
rcfened
to
therein,
and
respectf'ully
refer
tlte Court
fo
the testimony
for
thc
f'ull
text
and
true meaning
thereof,
37,
Deny
the
allegations contained
in
paraglaph
37
of
the Cornplaint
insofar
as
they allege that
Intro
256,
or
Looal
Law
47
of 2AA2,
was enacted
on December
18,2A02,
38,
Deny
that
the allegations
set
forth
in
paragraph
38
of the
Complaint completely
and
acourately describe
the Smoke Free
Air Act,
or the
arnendments
thereto, ancl
respectfr rlly
refer
lhe Court
to
the
Local Law
47
of
2AAZ
fbr
the
full
text
and
lrue
meaning
thereof,
39.
Deny
the
allegations
set forth in
paragraph
o'39
of
the
Complaint,
40.
The
allegations
set
forth
in
paragraph
o'40
of
the
Complaint
consist
solely of
legal
argument
for lvhich
no
response is
wananted,
however
to the
extent that
a
responss is required
Def'endants
deny
the allegations
contained irr
paragraph
0040
f
the Complaint
insolar
as They
allege
or
purport
to
allege that
Plaintiffs
have
a
valid claim
or claims
against
Defnclants,
and
insofr as
they
allege
any
wrongclong
on
the
part
of
Defenclants;
and deny
that the allegations
set
fbrth
in
paragraph
40
of
the
Complaint completely and
accurately describe
thc
local
law
and
administrative
code
provisions
ref'erred
to therein, and respectfully
lefer
the
Court
to
the local
law
and
administrative
code
provisions
refened to
therein fbr
the
full
texts
allcl
true
meanings
-
10-
8/9/2019 Exhibit b - Answer
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thereof; and deny the allegations
set
f'orth
in
paragraph
40
of the Complaint to the
extcnt
that
they allege
that Chapter
5
[of
'l'itle
17] is
a
locallaw,
41.
The
allegations
set forth in
paragraph
0041
of
thc
Complaint
consist
solely
of
legal
argument
for
which
no
response
is
warrantecl, however
to the
extent that
a response
is required
Defendants
deny fhe allegations
contained
in
paragraph
41
of
the
Complaint
insofar
as they allege
or
purport
to
allege
that
Plaintillfs
have
a
valid
claim
or
claims against
Defendants,
and
insofar
as
they
allege any wrongdoing
on
the
part
of
Defcndants,
42,
'I'he
allegations
set tbrth
in
paragraph
42
of
thc
Complaint
consist solely of legal
argument f'or
which
no
response
is warranted,
however
to thc
extent
that
a
responsc
is
required
Defendants
deny
the
allegations contained
in
paragraph
'042 of the
Complaint insofar
as
they allege
or
purport
to
allege that Plaintiffs
have
a
valid
claim
or
claims
against Defendants,
and insofr
as
they
allege any
wrongcloing
on
the
parl
of
Defendants;
and dcny
that the
allegations
set forth
in
paragraph
'042
of
the
Complaint completely
and accurately
describe
the
Docision
and
Order
of
the
Courl
datecl
April
7, 2004
in
LA-$IlJ*jly -af.N-ly*lprk
refened ro
rherein, and respectrlly
rei'er
the
Court
to
the
Decision
and Order for the f'ull
text and true
meaning
thercof,
43. Deny
that
the allegations
set
forth
in
paragraph
,,43
of
the
Complaint
completely
and
accurately
describe
the cornmittee hearing
and
the
Local Law
ref'ened
to
therein,
and respectfully
ref'er
the Court
to the
hezuing
transcript
ancl
to
th
Local [,aw
lbr
the
full
lexts
and
true
mezurings
thereol],
44.
Deny
knowledge
or information
sufTcient
to
forrn
a belief
as
to the
trutlr
of the allegations
set forth
in
paragraph'044
ef the
Complainl
as to
the relationship
-
ll
-
8/9/2019 Exhibit b - Answer
13/22
of
Audrey
Silk
to
NYC
C,L,A.S,H,,
except aclmit that an
individual
icientified
as Audrey
Silk
provided
testimony
abouT
the
then-proposed Local
[,aw
152
of 2013,
45.
The
allegations
set
forth in
paragraph
45
of
thc
Complaint
consist
solely
of
legal
argument
for
which
no esponse
is
warranted,
however
to
the
extent that
a
response
is required Defendants
deny the allegations contained
in
paragraph
45
of
the
Complaint
insofar as they
allege or
purport
to
allege
that
Plaintifs
have
a
valid claim or
claims
against
Def'endants,
and
insof'ar
as they
allege any
wongdoing
on
the
part
of
Defendarts; and
cleny that the allegations
set forth in
paragraph
45
of
the
Complaint
completely
and
accrrately desoribe
the
testimony
reflenecl
to
therein,
and
respectfully
refer the Court to
the
testimony for
the
full
text
and
trus meaning
thereof,
46,
'l'he
allegations
sct forth
in
paragraph
46
ef
the
Complaint
8/9/2019 Exhibit b - Answer
14/22
valid
clajm
clr claims against
l)cfendants, and
insofar
as
they
allege any wrongdoing
on
the
part
o[
Deflenclants;
and
deny that
the
allegations
set forth in
paragraph
47
of
the
Complaint;
and deny that
the
allegations
set forth in
paragraph
4T'
of the
Complaint
completely and
accurately
describe
the
testimony
referred
to
therein,
ancT respectfully
refer
the
Court to the testimony
fbr
thc
full
text
and
true meaning
thereof.
48. Deny that the allegations set
fbrth
in
paragraph
o'48
of the
Complaint
completely
and
aocurately
de'scribe
the testirnony
refcred to
therein, and
respectfully refer the Court
to
the
testimony fbr the
full
text
and
true
meaning
thereof
49.
Deny
that the
allegations
set forth
in
paragraph
49
of
the
Complaint
completely
and
accurately dcscribe the
Committee
Reports
refned to
therein,
and respectfully refer the Court to
the
Committee
Reports for
the
full
texts and true
meanings
thereof.
50,
Deny that
the allegations set forth in
paragraph
50
of
the
Complaint completely
and accurately
desuibe the Health
Committee
amcndments to the
proposed
Local
Law
152
of
2013
ref.elrecl
to therein,
and
respectfully refer
the
Court
to
the Health Committee
arnendments
for the
full texts
ancl
l,rue
nreanings
lhceof
51,
Deny
that
the allegations
set
forth in
paragraph
510'of
the
Complaint
completcly
ancl
accuratcly
describe
the
Local Law
152
of 2013,
and
respectfblly
ref'er
the
Court
to
Local
Law I
52 of 2013
for
the
full
text
and
true
meaning
thereof
52.
Deny
that
thc
allcgations
set
fcrrlh
in
paragraph
52
of
the
Complaint
oompletely
and accurately
clesclibe
the
Local
Law 152
of
2013,
and
-
13
-
8/9/2019 Exhibit b - Answer
15/22
respeotl'ully
ref'er
the
Court
to l,ocal
Law 152 ol'2013
llor the
full
text
and
true
meaning
thereof,
53, The
allegations
set forth in
paragraph
53
of
the
Complaint
consist
solely oll legal
argument
for which no
response is
warranted,
however
to
the
extert that a
response
is required
Defendants
cleny the allegations
contained
in
paragraph
o'53
of
the
Complaint
insof'ar
as
they
allege
or
pnrport
to
allege
that
Plaintif's
have
a
valid claim or
claims
against Defendants,
and
insol'ar
as they
allege
any
wrongdoing on
the
part
of Def'endants,
54,
Deny
the
allegations
set
forth in
paragraph
54
of
the
Complaint,
55.
Deny
that
he
allcgations
set
fbrth
in
paragraph
,'55
ol'
the
Complaint
completely
and
accuratety
describe
Administrative
Code
$17-503,
ancl
respectfully
relbr
the
Cou't
to
Administrative
Code
17-503
for
the
llr-rll
texr
and
true
meaning thereof.
56'
Deny
the
allegations
set
lbrth in
paragraph
o'56
of
the
Complaint.
57.
Deny
the
allegations
set
forth in
paragraph
57 of
the
Complaint,
58.
The
allegations
set
forth
in
paragraph
5g
of
the complaint
consist
solely
of
legal
argument
for
which
no response
is
waranted,
however
to
the
extent
that
a response
is
required
Defendants
deny
the
allegations
containecl
in
paragraph
oo5ll
of'the
Cclmplaint
insofar
as
they
allege or
purport
to
allege that Plaintills
have
a
valicl
clairn
or
claims
against Delbndants,
nnd insofar
as thcy
allege
any
wrongdoing
on
the part
of
Defendantsl
and deny
that the
allegatious set
forlh
in
paragraph
58 of
the
Complaint completely
and
accurately
desuibe
the
l,egislative
findings
for
Local Law
152
-14-
8/9/2019 Exhibit b - Answer
16/22
o.f
2013
ret'erred
to therein,
and
respectfully
refer the Court
to
the
Legislalive
findings
for
the Local
Law fbr
the
full
text
and
true
meaning
thereof.
59,
Deny the allegations
set
forth in
paragraph
59
of
the
Complaint,
60.
The
allegations
set
forth
in
paragraph
60
of
the
Complaint
consist
solely
ofl legal
argument
for
whish
no
response is
wanantecl,
however
to
the
extent that
a
response
is
required
Def'endants
deny the
allegations oontained
in
paragraph
60 of the
Complaint
insof'ar
as
they allege or
purport
to
allege
that
Plaintiffs
have
a
valid claim
c.rr
claims
against Defendants,
and
insofar
as
they
allege any wrongdoing
on
the
part
of
Def'endants;
ancl deny
that
the
allegations
set
forth
in
paragraph
0060
of
the
Complaint
completely
ancl
accurately desuibe
Local
[,aw 152
of 2013
and Chapter
5 of
Title
17
of
the
Administrative
Code
referred
to therein,
and
respectfully
re{'er
the
Court
to
Local
Law
152
of 2013
and
Chapter 5
of
I'itle l7
of
the
Administrative
C
8/9/2019 Exhibit b - Answer
17/22
62.
'Ihe
allegations
set
f'orth
in
paragraph
62
of the Complaint
consist solely
of
legal
argument for
whih
no
respollse
is warrantecl,
hor.vever
to
the
extent that
a response
is required
Defendants
deny the allegations
contained in
paragraph
o'62
of the
Complaint insofar
as
they
allege
or
puqport
to
allege that
Plaintiffs
have
a
valid
claim
or
clairns
against
Defenclants,
and
insofhr
as
they
allege any
wrongdoing
on
the
part
of Defendants;
ancl
deny
that the allegations
set
fbrth in
paragraph
62'o
ol
the
Complaint
completely
and
accurately
describe
the
Reports of
the l lealth
Committee
referrcd
to therein,
and respectfirlly
refer
the
Court to Local
Law
1 52
of
2013
and Reports
of
the Flealth
Committee
ftir The
I'ull text
and
true mcaning
thereof.
63.
The
allegations
set
forth
in
paragraph
'06-J
of
the complaint
consist
solely
of
legal
argument for
whih
n resporlse
is wanantecl,
however
to
the
extent that
a
response
is requirecl
Defendants
deny the
allegations
contained
in
paragraph
'063
of the
Complaint
insofar
as
they
allege
or
purport
to
allege
that
PlainTiffs
have
a
valid claim or
claims
against Defendants,
and
insofhr
as
they
allege
any
wrongdoing
on
the part
of
Defendants; and deny
that the allegations
set
forth
in
paragraph
0,63',
of
the
Complaint
completely
and
accurately
describe the
Reports
of
the
Health
Cornmittee
ref'ensd
to
therein,
and
respectfully
refer
the Court
to
Local
Law
1
52
of
2A13
ancl Reports
of the
Health
committee flor
the
fi.ll
text
and
true meaning
thereof,
64.
Deny
the allegations
sel
forth in
palagraph
640'of
the
Complaint,
65,
Deny
the
allegations set
fbrth
in
paragraph
r(65
of
the
Complaint,
66'
The
allcgalions
set
f'orth
in
paragraph
66
o[
the
Complaint
consist
solely
of
legal
argument
f'or
which no response
is
warraltted,
however
to
the
extent
that
a
response
is
required
Defendants
deny
the allegations
contained
in
paragraph
-
16
-
8/9/2019 Exhibit b - Answer
18/22
66
ef the Cornplaint insofal
as
they
allege
or
purport
to
allege
that
Plaintiffs
have a
valid
clairn
or
claims
against
Def'endants,
and insof ar as they allege any
wrongdoing on
the
part
of Def'endants;
exccpt ceny
the
aliegations
set
fbrth
in
the last
sentencc
of
paragraph
66
of
th
Complaint,
67,
Deny
the ailegations
set
lbrth in
paragraph
67
of
the
Complaint,
68,
Deny
the
allegations
set
fbrth in
paragraph
6S
of
the Complaint,
69.
In response to the allegations set forth in
paragraph
(169
of
the
Complaint,
Defendants
repeat
and
reallege
the
responses set fo*h
in
each and
every
paragraph
of
the
Answer,
as
if
fully
set
forth
herein.
70.
Deny the allegations
set
forth
in
paragraph
70
of the Complaint,
71.
Deny the allegations
set
forth in
paragraph't'f
l't
of
the
Complaint,
72.
Deny the allegations
set
forth
in
paragraph
u72
of
the
Complaint;
exoept
deny
knowledge
or
infcrrmation
sufficient
to
fbrm
a
belief
as
to
the
truth of
the
allegations
set
fodh
in
paragraph
T?-
of
the
Complaint
as
to Plaintitl's'
states
of
mincl
and
inteut
in ommencing this proceeding,
and
as
to
the
relicf
sourght
by Plaintiffs,
73.
In
response
to
the
allegations set fbrth
in
paragraph
73
of
the
Cornplaint,
Defendants
repeat
and reallege the
responses set forth
in
each
and every
paragraph
of
the Answer,
as
if
f'ully set forth
herein,
74,
Deny
the
allegations
set forth in
paragraph 74
of
the
Complaint,
75.
Deny
the allegations
set
fbrth
in
paragraph TSu
of
the
Complaint,
76,
Deny
the allegations
set
lorth in paragraph 76
of thc
Complaint;
except deny
knowledge
or
inf'ormation
suffrcent to
form
a
belief
as
to
the truth of
the
-t7-
8/9/2019 Exhibit b - Answer
19/22
allegations
set
fbrth
in
paragraph'076
of
the Complaint
as to Plaintiffs' states
o:1
mind
and
intent
in comnencing this
proceeding,
and
as to
the
relief
sought
by
Plaintiff's,
77,
Iti response
to
the allegations
set forth
in
paragraph
0 77
of' the
Complaint,
Defendants
repeat
and reallege
the
responses
set fbrth
in
each and every
paragraph
of
the
Answer,
as if
fully
set
fofth herein.
78, Deny
the
allegations
sct
fbth
in
paragraph
o'78
of
the Complainf,
79, Deny the
allegations
set
forth in
paragraph
Tg
of
the Complaint,
80,
Deny
the
allegations
oontained
in
paragraph
r{80
ol'the
Cornplaint
irsofhr
as
they
allege
or
purport
to
allege
that
Plaintifl's have a
valid
claim
or
claims
against Defendants,
insofar
as
Plaintitl's
allege
that they
are entitlcd
to
the
reiief'sought
herein,
and
insofar as
they
allege
any wongdoing
on the
part
of
Defendants;
except deny
knowledge
or
information
sufficient
to form
a
belief
as
to the truth
of
the allegalions
set
forth
in
paragraph
'080
of
the Complaint
as to
Plaintif's'
states
of
mind
ancl
intent
in
commening
this action,
and as to the relief
sr.rught
by Plaintifl's,
AS AND FOR
A
N'IRST
DEFENSq
81.
The
Complaint fails
to state
a
aanse
of
action
against
Defendants,
and
theretbre must
be
dismissed,
AS
ANp
AOR
A
SnCO_Np
pEFENSE
82.
I-ocal
Law
152
of 2013
is valid
and enfbrceable,
and does
not
violate
the
New
York
State
Constiturtion.
-
l8
-
8/9/2019 Exhibit b - Answer
20/22
\ryHEREFORE,
Defendants
clemand
.iudgment
dismissing
the Complaint
in
its
entirety, and
awarding thc costs
of
this
action, together
with
such
other
and
further
relief as to
the
court may
seem
just,
Dated:
New
York, New York
May 30, 2014
ZACHARY
W. CARTER
Corporation
Counsel of
the
City
of
New
York
Attomey for
Defendants
100
Church
Street,
Room
5-167
New York,
New
York
10007
Phone:
(2lZ)
356-2605
Fax:
(212)
356-2019
:
gov
By:
r)
l--,-i.
*.r\_
SHERRILL KURLAND
Senior
Counsel
TO:
ED\ryARD A.
P ALT7.IK,
ESQ.
JOSHPE
LAV/ CROUP
LI,P
Attorneys
for
Plaintiffs
1040
Avenue
of
the
Americas,
Suite 1101
New
York,
New York
10018
Phone:
(646)820-6701
Faxt
(212)
313-9478
E-Mail:
-
t9
8/9/2019 Exhibit b - Answer
21/22
VERIT'ICATION
SHERYL
NEUFELD,
an attorney
admiltecl
to
practice
before
the
Courts of
the
State
of
New York,
hereby affirms the
following
to
be true, under
the
penalties
of
perjury,
pursuant
to
CPLR
2106:
I have been
duly designatcd
as
Acting
Corporation
Counsel
of
the
City
of New
York and,
as suoh,
I
am
an officer of
the
City
of
New
York,
a Defendant
in
the within action,
I
have read
the foregoing Answer
to
Defendants' Complaint
in
NYC-C.L,ALIL
et
al.
v$ty
of
New
York.pt, al,,
New
York County Index Nunrber
15272312014
and know the
contents
thereof;
the
same are true to my knowledge except as to those
matters
therein
alleged upon
information
and belief,
and
as
to
those matters
I
believe them
to
be true,
The reason
why
this
verification
is
not made
by
the
City
of New
York
is
that it is
a
corporation.
My
belief
as
to all
matters
not
stated
upon
my
knowledge is
based
upon
information
obtained
from
various departments
of
the
city
government,
from
statements made to
me by ce$ain ofhces
or
agents
of
the
City of
New
York,
and
from
statements, af'fidavits, or
affinnations
of' other
persons,
DATET) New York,
New
York
May
30,2014
[,
NIJ) ESQ.
8/9/2019 Exhibit b - Answer
22/22
lndex
No,
15272312Q14
SUPRFME
COURT
FOR
THH S fA fA OF
NEW YORK
COUNTY
OF
NEW YORK
NYC
C.L.A,S,FI.,lNC, and
RUSSELL
WISHTART,
Individually,
Plaintifls,
-against-
CITY
OF
NEV/ YORK,
THE
NEW
YORK CITY
COUNCIL and MHLISSA MARK-VIVRITO,
in her
official
capacity as Speakcr
of
THE
NEW YORK
CITY
COUNCIL,
Defendants
ANS\ryER
4,ND
VERIFICATION
ZACHARY W,
CARTER
Corporaion
Counsel of the
Clty of
New
York
Attorney
r
Defendants
100
Church 5t,,
Room 5-167
New York, N,Y, 10007
Of Counsel: SI IERRILL
KURLANI)
Tel:
(212)
356-26A5
LM
Na,20l4-010967
Due and timely
servce is hereby
admitted.
New
York,
N.
,
200
Attorney
Esq