FILED: CHEMUNG COUNTY CLERK 09/27/2023 04:51 PM
`NYSCEF DOC. NO. 25
`
`INDEX NO. 2023-5539
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`RECEIVED NYSCEF: 09/27/2023
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF CHEMUNG
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`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
`CAPREESE MOORE
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`X
`:
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`INDEX NO. 2023/5539
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`DEFENDANT COSTCO
`WHOLESALE CORPORATION’S
`RESPONSES TO PLAINTIFF’S
`NOTICE TO ADMIT
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` :
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` :
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` :
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` :
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`Plaintiff,
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`-against-
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`LESHA P. MASSOUP, DUKE HUR, J.B.
`HUNT TRANSPORT, INC., and COSTCO
`WHOLESALE CORPORATION
`
`Defendant.
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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`X
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`PLEASE TAKE NOTICE, that the above-named defendant COSTCO WHOLESALE
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`CORPORATION, (hereinafter “answering defendant”), by and through its attorneys, WEBER
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`GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP, as and for a response to the
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`Notice to Admit of plaintiff CAPREESE MOORE, dated August 24, 2023, respectfully states as
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`follows:
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`PRELIMINARY STATEMENT AND GENERAL OBJECTIONS
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`1.
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`By providing these responses, answering defendant does not waive any of its
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`affirmative defenses, nor does it concede that the subject information is properly discoverable or
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`admissible at trial. Answering defendant reserves the right to further object to discovery
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`regarding the subject matter of the requests herein, and to object to the admissibility of the
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`information provided.
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`2.
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`Further, answering defendant objects to the requests herein insofar as they seek
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`information that is not relevant or material to the issues in this matter, is inadmissible, and/or is
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`not reasonably calculated to lead to discovery of admissible evidence and otherwise is not
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`required disclosure under Article 31 of the CPLR.
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`1 of 7
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`NYSCEF DOC. NO. 25
`
`INDEX NO. 2023-5539
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`RECEIVED NYSCEF: 09/27/2023
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF CHEMUNG
`
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
`CAPREESE MOORE
`
`
`
`X
`:
`
`INDEX NO. 2023/5539
`
`DEFENDANT COSTCO
`WHOLESALE CORPORATION’S
`RESPONSES TO PLAINTIFF’S
`NOTICE TO ADMIT
`
` :
`
`
`
` :
`
`
`
` :
`
`
`
` :
`
`
`
`Plaintiff,
`
`-against-
`
`LESHA P. MASSOUP, DUKE HUR, J.B.
`HUNT TRANSPORT, INC., and COSTCO
`WHOLESALE CORPORATION
`
`Defendant.
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
`
`
`X
`
`
`
`PLEASE TAKE NOTICE, that the above-named defendant COSTCO WHOLESALE
`
`CORPORATION, (hereinafter “answering defendant”), by and through its attorneys, WEBER
`
`GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP, as and for a response to the
`
`Notice to Admit of plaintiff CAPREESE MOORE, dated August 24, 2023, respectfully states as
`
`follows:
`
`PRELIMINARY STATEMENT AND GENERAL OBJECTIONS
`
`1.
`
`By providing these responses, answering defendant does not waive any of its
`
`affirmative defenses, nor does it concede that the subject information is properly discoverable or
`
`admissible at trial. Answering defendant reserves the right to further object to discovery
`
`regarding the subject matter of the requests herein, and to object to the admissibility of the
`
`information provided.
`
`2.
`
`Further, answering defendant objects to the requests herein insofar as they seek
`
`information that is not relevant or material to the issues in this matter, is inadmissible, and/or is
`
`not reasonably calculated to lead to discovery of admissible evidence and otherwise is not
`
`required disclosure under Article 31 of the CPLR.
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`1 of 7
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`FILED: CHEMUNG COUNTY CLERK 09/27/2023 04:51 PM
`NYSCEF DOC. NO. 25
`
`INDEX NO. 2023-5539
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`RECEIVED NYSCEF: 09/27/2023
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`3.
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`Further, answering defendant objects to the requests herein insofar as they are not
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`the proper disclosure device for the information sough therein. See, e.g., Lolly v. Brookdale
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`Univ. Hosp. and Med. Ctr., 45 A.D.3d 537, 844 N.Y.S.2d 718 (2nd Dept. 2007) (“the purpose of
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`a notice to admit is not to obtain information in lieu of other disclosure devices, such as the
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`taking of depositions before trial”).
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`4.
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`Further, answering defendant objects to the requests herein insofar as they seek
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`admissions as to legal conclusions or facts that go to the heart of the issue in this case. See, e.g.,
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`Glasser v. NYC, 265 A.D.2d 526 (2nd Dept. 1999) (“The Supreme Court properly determined
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`that the plaintiff’s notice to admit sought an admission that went to the heart of the matter at
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`issue, i.e., constructive notice of a defect, and was thus improper.”); Ashkenazi v. City of New
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`York, 239 A.D.2d 186, 656 N.Y.S.2d 461 (1st Dept. 1997) (“A purported admission, by way of
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`nonresponse to a pedestrian’s notice to admit, that a tile that had struck the pedestrian as she
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`walked by a city school building was dropped from one of two windows of the building was
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`properly vacated as bearing upon the ultimate issue in the pedestrian’s action against the city that
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`should more appropriately be explored through other disclosure devices.”).
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`5.
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`Further, answering defendant objects to the requests insofar as discovery in this
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`matter is ongoing, and to the extent that information sought herein is not within the possession or
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`control of answering defendant.
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`RESPONSES
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`1.
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`That on November 12, 2021, and upon information and belief, the defendant,
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`COSTCO WHOLESALE CORPORATION owned a certain 2022 International LT625 truck,
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`bearing Indiana State registration number, 3058781.
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`RESPONSE: Denied.
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`2 of 7
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`FILED: CHEMUNG COUNTY CLERK 09/27/2023 04:51 PM
`NYSCEF DOC. NO. 25
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`INDEX NO. 2023-5539
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`RECEIVED NYSCEF: 09/27/2023
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`
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`2.
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`That on November 12, 2021, and upon information and belief, the defendant,
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`COSTCO WHOLESALE CORPORATION was the title owner of a certain 2022 International
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`LT625 truck, bearing Indiana State registration number, 3058781.
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`RESPONSE: Denied.
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`3.
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`That on November 12, 2021, and upon information and belief, the defendant,
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`COSTCO WHOLESALE CORPORATION was the register owner of a certain 2022
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`International LT625 truck, bearing Indiana State registration number, 3058781.
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`RESPONSE: Denied.
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`4.
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`That on November 12, 2021, and upon information and belief, the defendant,
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`COSTCO WHOLESALE CORPORATION, owned a certain 2022 International LT625 truck,
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`bearing a vehicle identification number, 3HSDZTZRXNN565422.
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`RESPONSE: Denied.
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`
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`5.
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`That on November 12, 2021, and upon information and belief, the defendant,
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`COSTCO WHOLESALE CORPORATION, was the title owner of a certain 2022 International
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`LT625 truck, bearing a vehicle identification number, 3HSDZTZRXNN565422.
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`RESPONSE: Denied.
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`
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`6.
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`That on November 12, 2021, and upon information and belief, the defendant,
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`COSTCO WHOLESALE CORPORATION, was the register owner of a certain 2022
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`International LT625 truck, bearing a vehicle identification number, 3HSDZTZRXNN565422.
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`RESPONSE: Denied.
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`3 of 7
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`FILED: CHEMUNG COUNTY CLERK 09/27/2023 04:51 PM
`NYSCEF DOC. NO. 25
`
`INDEX NO. 2023-5539
`
`RECEIVED NYSCEF: 09/27/2023
`
`
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`7.
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`That on November 12, 2021, and upon information and belief, the defendant,
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`COSTCO WHOLESALE CORPORATION, was lessor of a certain 2022 International LT625
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`truck, bearing Indiana State registration number, 3058781.
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`RESPONSE: Denied.
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`
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`8.
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`That on November 12, 2021, and upon information and belief, the defendant,
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`COSTCO WHOLESALE CORPORATION, was lessee of a certain 2022 International LT625
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`truck, bearing Indiana State registration number, 3058781.
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`RESPONSE: Denied.
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`9.
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`That on November 12, 2021, and upon information and belief, the defendant,
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`COSTCO WHOLESALE CORPORATION, owner of a certain 2018 Wabash National Trailer
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`bearing New Jersey State registration number TSU65V.
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`RESPONSE: Denied, as this Request does not state an actual request to admit or deny a
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`specific fact.
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`10.
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`That on November 12, 2021, and upon information and belief, the defendant,
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`COSTCO WHOLESALE CORPORATION, was the title owner of a certain 2018 Wabash
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`National Trailer bearing New Jersey State registration number TSU65V.
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`RESPONSE: Admitted.
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`
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`11.
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`That on November 12, 2021, and upon information and belief, the defendant,
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`COSTCO WHOLESALE CORPORATION, was the register owner of a certain 2018 Wabash
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`National Trailer bearing New Jersey State registration number TSU65V.
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`RESPONSE: Admitted.
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`4 of 7
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`FILED: CHEMUNG COUNTY CLERK 09/27/2023 04:51 PM
`NYSCEF DOC. NO. 25
`
`INDEX NO. 2023-5539
`
`RECEIVED NYSCEF: 09/27/2023
`
`
`
`12.
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`That on November 12, 2021, and upon information and belief, the defendant,
`
`COSTCO WHOLESALE CORPORATION, was the lessor of a certain 2018 Wabash National
`
`Trailer bearing New Jersey State registration number TSU65V.
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`RESPONSE: Denied.
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`
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`13.
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`That on November 12, 2021, and upon information and belief, the defendant,
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`COSTCO WHOLESALE CORPORATION, was the lessee of a certain 2018 Wabash National
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`Trailer bearing New Jersey State registration number TSU65V.
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`RESPONSE: Denied.
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`
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`14.
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`That on November 12, 2021, and upon information and belief, the defendant,
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`DUK HUR, i/s/h/ as DUKE HUR, operated a certain 2022 International LT625 truck, bearing
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`Indiana State registration number, 3058781, with the knowledge, permission and consent of the
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`defendant, COSTCO WHOLESALE CORPORATION.
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`RESPONSE: Denied.
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`
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`15.
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`That on November 12, 2021, and upon information and belief, the defendant,
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`DUK HUR, i/s/h/ as DUKE HUR, operated a certain 2022 International LT625 truck, bearing a
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`vehicle identification number, 3HSDZTZRXNN565422, with the knowledge, permission and
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`consent of the defendant, COSTCO WHOLESALE CORPORATION.
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`RESPONSE: Denied.
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`16.
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`That on November 12, 2021, and upon information and belief, the defendant,
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`DUK HUR, i/s/h/ as DUKE HUR, operated a certain 2018 Wabash National Trailer bearing New
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`Jersey State registration number, TSU65V, with the knowledge, permission and consent of the
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`defendant, COSTCO WHOLESALE CORPORATION.
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`RESPONSE: Denied.
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`5 of 7
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`FILED: CHEMUNG COUNTY CLERK 09/27/2023 04:51 PM
`NYSCEF DOC. NO. 25
`
`INDEX NO. 2023-5539
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`RECEIVED NYSCEF: 09/27/2023
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`
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`17.
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`That on November 12, 2021, and upon information and belief, the defendant,
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`DUKE HUR, was an employee of the defendant, COSTCO WHOLESALE CORPORATION.
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`RESPONSE: Denied as stated, as there is no “DUKE HUR” associated with this lawsuit.
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`Denied as to defendant Duk Hur and Costco.
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`PLEASE TAKE FURTHER NOTICE, that answering defendant reserved the right to
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`supplement and/or amend the aforesaid Responses up to and including the time of trial should any
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`additional information become known to answering defendant subsequent to this response.
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`
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`Dated: September 27, 2023
`New York, New York.
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`
`WEBER GALLAGHER SIMPSON
`STAPLETON FIRES & NEWBY LLP
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`
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`TO (Via ECF):
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`THE PARIS LAW GROUP, P.C.
`Attorneys for Plaintiff
`Deborah Lara, Esq.
`60 East 42nd Street, Suite 4000
`New York, New York 10165
`(212) 970-8754
`
`
`
`By:
`JAMES A. WESCOE
`Attorneys for Defendants
`Duke Hur, J.B. Hunt Transport, Inc., and
`COSTCO Wholesale Corporation
`1500 Broadway, Suite 2401
`New York, New York 10036
`Phone: (929) 342-6000
`Fax: (929) 342-6001
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`6 of 7
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`FILED: CHEMUNG COUNTY CLERK 09/27/2023 04:51 PM
`NYSCEF DOC. NO. 25
`
`INDEX NO. 2023-5539
`
`RECEIVED NYSCEF: 09/27/2023
`
`FILED: CHEMUNG COUNTY CLERK 09/27/2023 04:51 P
`NYSCEF DOC. NO. 25
`
`
`INDEX NO. 2023-5539
`
`
`
`
`
`
`RECEIVED NYSCEF: 09/27/2023
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF CHEMUNG
`
`CAPREESE MOORE
`
`Plaintiff,
`
`-against-
`
`LESHA P. MASSOUP, DUKE HUR,J.B.
`HUNT TRANSPORT,INC., and COSTCO
`WHOLESALE CORPORATION
`
`Defendant.
`
`.
`
`INDEX NO. 2023/5539
`
`. VERIFICATION
`:
`
`Less rn bnn Ruisterr
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`_, being duly swom, deposes and says:
`
`
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`1. The deponentis theComplexSpecialistClaimof COSTCO WHOLESALE CORPORATION,
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`
`
`
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`named defendant in the within action.
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`2. That deponent has read the foregoing, Response to the Notice to Admit of plaintiff
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`CAPREESE MOORE, knows the content thereof, and that the same are true to the
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`deponent’s own knowledge, except as to the matters therein stated to be alleged upon
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`information and belief, and as to those matters deponentbelieved them tobetrue.
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`3. That the grounds of deponent’s belief as to all matters not stated upon deponent’s
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`knowledge of records,
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`letters, investigative materials, documents, etc., maintained by
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`COSTCO WHOLESALE CORPORATION.
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`Sworn to before me this
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`Ubday ofSep_. 2023
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`7 of 7
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