FILED: NEW YORK COUNTY CLERK 01/16/2015 05:37 PM

NYSCEF DOC. NO. 59

INDEX NO. 152723/2014

RECEIVED NYSCEF: 01/16/2015

E,XHIBIT B

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,

ANSWER

Plaintiffs,

lndex No, 15272312014

-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
x

DAFENDANTS, the City of New York ("City"), the New York City
Council ("City Council"), and MELISSA MARK-VIVER|IO, in her official capacity
Speaker

as

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

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
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
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

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

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<Jministrative Code ("Administrative Code") for the powers

ancl duties

thereof; and additionally respeclfully refer the Court to the Municipal llome Rule Law
for the fulI text and true rneaning thereof

l?.,

The allegations set forth

in

paragraph

"l2" ef the Complaint

consist solely of legal argument f'or whish no response is warranted, however to the

-t

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

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

14,

ool

3'o

of the Complaint,

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

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

16,

"l5"

of the Complaint,

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-

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

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

Complaint completely and accurately dcscribe the Clean lndoor

therein, and respectfully refcr thc Court to the Clean Indoor

"lT" of the

Air Act refened

Air Act for the f'ull text

to

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
"

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

Complaint completely ancl accurately describe ths Clean Incloor

therein, and respectf'ully refbr the Court to the Clean lndoor

"18" of

Air Act

the

ref'effed to

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

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<l true

meanings thereof,

21,

Deny that the allegations set forth

in

paragrapli o'21"

of

the

Complaint con:pletely and accurately describe the Clean Indoor Air Act refened to

6-

therein, and respectlully refer the Cou1 to the Clean Indoor

Air Act fbr the full text

and

true meaning thereof,

22.
consist solely

The allegations set tbrth in paragraph "22" af the Cornplaint

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

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 $17503 fcrr the full texts and true meanings thereof,

23.
consist solely

The allegations set fbrth

in

paragraph

*23" of tlre

Complaint

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

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

therein, and respectlrrlly rel'er the Court to the Smoke Free

Air Act referred

Air Acl fbr the full text

to

and

true meaning thereof

24,
consist solely

The allegatons set fbrlh in paragraph "24" ef the Cornplaint

of legal argument t'or which no response is warranted, however to the

-7

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

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

28,
consist solely

ancl true meaning thereof,

The allegations set forth in paragraph "28" of the Complaint

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

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

-8-

Air Act

rel'ened to

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,

in paragraph

o*30"

of

the

Complaint completely and accurately describe the testimony referred to therein,

ancl

Deny that the allegations set forth

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.

in paragraph "33" of

the

Complaint completely and accurately clescribe the testimony ref'erred to therein,

ancl

Deny thal the allegations sel forth

respectfully refer the Corut to the testimony lor the full text and true meaning thereof.

34,

in

"34" of

the

Complaint complelely and accurateiy describe the xestirnony refbned to therein,

ancl

Deny that the allegalions set forth

paragraph

respectf'ully refer the Court to the testimony fbr the full text and true meaning thereof

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

"38" of

the

Air Act, or

the

paragraph

Complaint completely and acourately describe the Smoke Free

arnendments thereto, ancl respectfr"rlly refer lhe Court to the Local Law 47 of 2AAZ fbr the

full text and lrue meaning thereof,

consist solely

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

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

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-

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

valid claim or claims against Defendants, and insofar

as they allege any wrongdoing on

the part of Defcndants,

42,
consist solely

'I'he allegations set tbrth

in

paragraph

"42" of thc

Complaint

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

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.
consist solely

The allegations set forth in paragraph "45" of thc Complaint

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

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,
<;onsist solely

'l'he allegations sct forth in paragraph "46" ef the Complaint

of legal argument for wliioh no response is warranted, however to

the

extent that a response is requirecl Defendants deny the allegations contained in palagraph
'046" of the Complaint insofar as they allege or purpolt to allege that Plaintif have

valid claim or claims against Defendants, ancl insofar as they allege any wrongcloing on
the part of Defenclants; and deny that the allegations set forth in paragraph "46" of the

Complaint; and cleny that the allegations set fbrth in paragrapt^ ('46"

c:f

the Cclmplaint

completely and accurately describe the testimony referred to therein, and respectfully
refer the Court to the testimony for the full text and true meaning thcreofl

47.
consist solely

The allegations set forth

in

para.graph '047"

ef the Cornplaint

of legal argument for which no response is warranted, however to the

extent that a respcrnse is requircd Defbnclants deny the allegations containecl in paragraph

"47" of the Complaint insofar as they allege or purport to allege that Plaintiffs have

-12-

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

Complaint completcly ancl accuratcly describe the Local Law 152

"510'of

of

2013,

the
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

Complaint oompletely and accurately clesclibe the Local Law 152

13 -

of

2013,

the
and

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.

consist solely

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

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

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-

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

valid claim

c.rr

as they allege

or purport to allege that Plaintiffs have

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<cle

florthe full

texts and true meanings thereofl

61,
consist solely

The allegations set forth in paragraph '061" of the Complaint

of legal argument for which no respollse is

warrantecl, however to tlie

extent that a response is required Defendants deny the allegations containccl in paragraph
o'61"

of the Complaint insofar as they allege or purport to allege that Plaintifs have

valid ciaim or claims against Defendants, ancl insofar as they allege any w<lngcloing on
the part of'Delndants; and deny that the allegations set forth in paragraph o'61" of'the
Complaint completely ancl accurately desoribe l,ocal Law 152 of 2013 and Chapter 5 of

Title i 7 of the Administrative Code

referre d (o therein, and respectfully re f'er the Court ro

Local Law 152 of 2013 and Chapter 5 of Title 17 of the Administrative Code for the full
lexts ancl trus meanings thereol

15 -

62.
consist solely

'Ihe allegations set f'orth in paragraph "62" of the Complaint

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

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

63.
consist solely

The

I'ull text and true mcaning thereof.

The allegations set forth

of legal argument for whih n

in

paragraph '06-J"

resporlse

of the complaint

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

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,

consist solely

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

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 -

"66" ef the Cornplaint insofal

as they allege

or purport to allege that Plaintiffs have

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

72.

Deny the allegations set forth in paragraph u72" of the Complaint;

exoept deny knowledge or infcrrmation sufficient

to fbrm a belief

l't of the Complaint,

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

-t7-

to form a belief

as to the truth of the

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

to the allegations set forth in paragraph 0"77" of' the

response

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

\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 : sherkurl.aLd@law.nyc, gov

By:

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: epaltzik@joshpelaw.com

- t9

"

*.r\_

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:

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.

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
Esq

Attorney