Exhibit b - Answer

8/9/2019 Exhibit b - Answer

1/22

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/


2/22

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


3/22

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


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


4/22

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


5/22

extent

that a

response

is requirecl Defenclants

cleny

the


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,

-4-


6/22

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


7/22

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


8/22

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


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


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

-


9/22

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


and

accurately clescribe

the

Smoke

F'ree

Air

Act rel'ened

to

-8-


10/22

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


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


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


11/22

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


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


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


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


set

fbrth

in

paragraph

40

of

the


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-


12/22

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


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


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

-


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


14/22

valid

clajm

clr claims against

l)cfendants, and

insofar

as

they


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


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

-


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


and

accurately

desuibe

the

l,egislative

findings

for

Local Law

152

-14-


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,


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


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


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


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


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


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

-


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.


set

forth

in

paragraph

70

of the Complaint,

71.


set

forth in

paragraph't'f

l't

of

the

Complaint,

72.


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-


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

-


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

E-Mail

:

[email protected],

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:

[email protected]

-

t9


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.


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

Documents

Exhibit b - Answer