Cooke v. Consolidated Edison Company of New York, Inc.
Plaintiff: Charmaine DM Cooke and Charmaine Cooke
Defendant: Consolidated Company of New York, Inc. and Consolidated Edison Company of New York, Inc.
Case Number: 1:2024cv00536
Filed: January 25, 2024
Court: US District Court for the Southern District of New York
Presiding Judge: Paul A Engelmayer
Referring Judge: Robert W Lehrburger
Nature of Suit: Civil Rights: Americans with Disabilities - Employment
Cause of Action: 28 U.S.C. § 1441 wt Removal- Employment (Wrongful Termination)
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on April 30, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 22, 2024 MAILING RECEIPT: Document No: 40-41. Mailed to: Charmaine Cooke 834 Penfield St. Apt #4H Bronx, NY 10470. (sha) Modified on 3/22/2024 (sha).
March 22, 2024 Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to Charmaine Cooke 834 Penfield St. Bronx, NY 10470 on 3/22/2024. (sha)
March 21, 2024 Filing 45 DECLARATION of Charmaine Cooke, re: "motion dated 3/21/24 dismiss doc. #20" Proposed Case Plan. Document filed by Charmaine Cooke. (sc) Modified on 3/22/2024 (sc).
March 21, 2024 Filing 44 DECLARATION of Charmaine Cooke, re: Motion dated 3/18/24 - extension sine die without prejudice request. Document filed by Charmaine Cooke. (sc)
March 21, 2024 Filing 43 DECLARATION of Charmaine Cooke, re: Motion dated 3/18/24, extension sine die without prejudice request. Document filed by Charmaine Cooke. (sc)
March 21, 2024 Filing 42 NOTICE OF MOTION TO DISMISS DOC #20 PROPOSED CASE MANAGEMENT PLAN FILED 1/5/24. Document filed by Charmaine Cooke.(sc)
March 21, 2024 Opinion or Order Filing 41 CASE MANAGEMENT CONFERENCE ORDER: ORDER of Hearing: Case Management Conference re-scheduled for April 22, 2024, at 9:30 a.m. before Magistrate Judge Robert W. Lehrburger. This conference will be conducted via telephone. The parties shall call the teleconference number at (888)-398-2342, and enter access code 9543348. Parties are instructed to review and adhere to Judge Lehrburger's individual rules and practices. The Court respectfully requests the Clerk of the Court to mail a copy of this order to the pro se plaintiff: Charmaine Cooke at 834 Penfield St, Apt. # 4H, Bronx, N.Y. 10470. SO ORDERED. Copies transmitted this date to counsel of record. Charmaine Cooke (PRO SE) 834 Penfield Street, Apt. #4H, Bronx, N.Y. 10470. Case Management Conference set for 4/22/2024 at 09:30 AM before Magistrate Judge Robert W. Lehrburger. (Signed by Magistrate Judge Robert W. Lehrburger on 3/21/2024) Filed In Associated Cases: 1:23-cv-07330-PAE-RWL, 1:24-cv-00536-PAE-RWL (mml) Transmission to Docket Assistant Clerk for processing.
March 21, 2024 Opinion or Order Filing 40 ORDER terminating (50) Letter Motion to Adjourn Conference in case 1:23-cv-07330-PAE-RWL; terminating (37) Letter Motion to Adjourn Conference in case 1:24-cv-00536-PAE-RWL. Plaintiff has requested yet another adjournment of the initial pretrial conference, this time "sine die," given her health and so that she can continue to seek legal assistance. The Court has previously granted Plaintiff's multiple requests for an extension. However, the case must either proceed or be dismissed without prejudice. The Court will adjourn the conference for the final time and will reschedule it as a telephone conference for the convenience of Plaintiff. If Plaintiff does not appear pro se or through counsel at the conference, the case may be dismissed for failure to prosecute. SO ORDERED. The Court respectfully requests the Clerk of Court to mail a copy of this Order to the pro se Plaintiff: Charmaine Cooke, 834 Penfield Street, #4Hs, Bronx, NY 10470. (Signed by Magistrate Judge Robert W. Lehrburger on 3/21/2024) Filed In Associated Cases: 1:23-cv-07330-PAE-RWL, 1:24-cv-00536-PAE-RWL (mml) Transmission to Docket Assistant Clerk for processing.
March 20, 2024 Filing 35 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Ivan A. Mendez, Jr. dated March 20, 2024 re: Proposed Case Management Plan. Document filed by Consolidated Edison Company of New York, Inc..Filed In Associated Cases: 1:23-cv-07330-PAE-RWL, 1:24-cv-00536-PAE-RWL.(Mendez, Ivan)
March 19, 2024 Filing 39 LETTER addressed to Judge Laura Taylor Swain from C. Cooke, dated 3/17/24 re: DOCUMENT #33(24cv536) ERROR OF ANSWER DATE OF 1/25/24, LETTER TO RUBY J. KRAJIK DATED 3/17/24. Document filed by Charmaine Cooke.(sc)
March 19, 2024 Filing 38 DECLARATION of Charmaine Cooke in Support re: (50 in 1:23-cv-07330-PAE-RWL, 37 in 1:24-cv-00536-PAE-RWL) MOTION to Adjourn Conference.. Document filed by Charmaine Cooke. Filed In Associated Cases: 1:23-cv-07330-PAE-RWL, 1:24-cv-00536-PAE-RWL(sc)
March 19, 2024 Filing 37 NOTICE OF MOTION, Re: to Adjourn 3/14/24 Conference to sine die not 30 days Extension 3/26/24 w/o prejudice due to ill health. Document filed by Charmaine Cooke.Filed In Associated Cases: 1:23-cv-07330-PAE-RWL, 1:24-cv-00536-PAE-RWL(sc)
March 19, 2024 Filing 36 LETTER addressed to Magistrate Judge Robert W. Lehrburger from C. Cooke dated 3/19/24 re: MOTIONS FILED - I write to confirm submission of motion dates via Pro Se Intake Unit etc. Document filed by Charmaine Cooke.Filed In Associated Cases: 1:23-cv-07330-PAE-RWL, 1:24-cv-00536-PAE-RWL(sc)
March 19, 2024 Request for Copies/Transcripts/Docket Sheet Received: Re (49 in 1:23-cv-07330-PAE-RWL, 36 in 1:24-cv-00536-PAE-RWL) Letter. Request for Docket Report, from C. Cooke received on 3/20/24. Transmission to Pro Se Assistants for processing. (sc)
March 18, 2024 Filing 34 NOTICE OF APPEARANCE by Ivan A. Mendez, Jr on behalf of Consolidated Edison Company of New York, Inc.. Filed In Associated Cases: 1:23-cv-07330-PAE-RWL, 1:24-cv-00536-PAE-RWL.(Mendez, Ivan)
March 8, 2024 Filing 28 LETTER from C. Cooke dated 3/8/24 re: RE-FILING DOCUMENT #18 - NO ECF ACCESS TO PACER - RULE 16.1. Document filed by Charmaine Cooke.(sc)
March 8, 2024 Opinion or Order Filing 27 CASE MANAGEMENT CONFERENCE ORDER: Case Management Conference re-scheudled for 3/26/2024 at 11:30 AM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. Parties are instructed to review and adhere to Judge Lehrburger's individual rules and practices. The Court respectfully requests the Clerk of the Court to mail a copy of this order to the pro se plaintiff: Charmaine Cooke at 834 Penfield St, Apt. # 4H, Bronx, N.Y. 10470. (Signed by Magistrate Judge Robert W. Lehrburger on 3/8/2024) (tro) Transmission to Docket Assistant Clerk for processing.
March 8, 2024 Mailed a copy of #27 Order, Set Hearings, to Charmaine Cooke, 834 Penfield Street, #4H, Bronx, NY 10470. (vn)
March 7, 2024 Filing 33 CERTIFICATE OF SERVICE. Consolidated Edison Company of New York, Inc. served on 1/4/2024, answer due 1/25/2024. Service was accepted by Ms. Julissa, Legal Department. Document filed by Charmaine Cooke..(nb) (Main Document 33 replaced on 3/14/2024) (nb).
March 7, 2024 Filing 32 AFFIRMATION of Charmaine Cooke in Support re: #30 Proposed Clerk's Certificate of Default. Document filed by Charmaine Cooke..(nb)
March 7, 2024 Filing 31 AFFIRMATION of Charmaine Cooke in Support re: #30 Proposed Clerk's Certificate of Default. Document filed by Charmaine Cooke..(nb)
March 7, 2024 Filing 30 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Charmaine Cooke..(nb) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
March 7, 2024 Filing 29 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Charmaine Cooke dated 3/7/2024 re: Reschedule Conference 3/14/24. Document filed by Charmaine Cooke. (nb)
March 7, 2024 Filing 26 LETTER addressed to Magistrate Judge Robert W. Lehrburger from C. Cooke, dated 3/1/24 re: DEFENDANTS' CONSENT TO EXTENSION OF 30 DAYS TO FIND AN ATTORNEY REFILING. Document filed by Charmaine Cooke.Filed In Associated Cases: 1:23-cv-07330-PAE-RWL, 1:24-cv-00536-PAE-RWL(sc)
March 5, 2024 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Charmaine Cooke. RE-FILE Document No. #18 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): no supporting document(s) filed; no copy of the affirmation of service provided; See ECF rule 16.1 ( https://nysd.uscourts.gov/rules/ecf-related-instructions ). Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service. (tp)
March 4, 2024 Filing 25 DECLARATION of C. Cooke,re: to approve Clerk's Certificate of Default. Document filed by Charmaine Cooke. (sc)
March 4, 2024 Filing 23 LETTER addressed to Magistrate Judge Robert W. Lehrburger from C. Cooke, dated 3/5/24 re: DEFENDANT SENT MOTION FOR EXTENSION OF TIME TO FIND AN ATTORNEY FOR RESCHEDULE OF CONFERENCES AND THIS ENTIRE MATTER. Document filed by Charmaine Cooke.(sc)
March 4, 2024 Filing 22 NOTICE OF MOTION TO APPROVE DEFAULT CERTIFICATE. Document filed by Charmaine Cooke.(sc)
March 4, 2024 Filing 21 AFFIRMATION of Charmaine Cooke IN SUPPORT OF REQUEST FOR CERTIFICATE OF DEFAULT, re: #18 Proposed Clerk's Certificate of Default. Document filed by Charmaine Cooke. (sc)
March 4, 2024 Filing 20 NOTICE OF MOTION TO STAY A TRANSFER - ADDENDUM RESP. TO ORDER DTD 2/22/24. Document filed by Charmaine Cooke. (sc)
March 1, 2024 Filing 24 NOTICE OF MOTION TO TRANSFER CASE BACK TO THE BRONX SUPREME COURT. Document filed by Charmaine Cooke. (sc)
March 1, 2024 Filing 19 NOTICE OF MOTION TO DISMISS RELATED CASE STATEMENT, TRANSFER CASES. Document filed by Charmaine Cooke. (sc)
March 1, 2024 Filing 17 LETTER addressed to Magistrate Judge Robert W. Lehrburger from C. Cooke,dated 3/1/24 re: DEFENDANTS' CONSENT TO EXTENSION AT 30 DAYS TO FIND AN ATTORNEY REFILING. Document filed by Charmaine Cooke.Filed In Associated Cases: 1:23-cv-07330-PAE-RWL, 1:24-cv-00536-PAE-RWL.(sc)
March 1, 2024 Filing 16 NOTICE OF MOTION TO TRANSFER CASE BACK TO THE BRONX SUPREME COURT, Re: to Remand to State Court. Document filed by Charmaine Cooke.(sc)
February 29, 2024 Filing 18 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Charmaine Cooke. (sc) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 3/5/2024 (tp).
February 29, 2024 Opinion or Order Filing 15 CASE MANAGEMENT CONFERENCE ORDER granting (31) Letter Motion for Extension of Time in case 1:23-cv-07330-PAE-RWL. Case Management Conference scheduled for March 14, 2024, at 10:00 a.m. in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. Parties are instructed to review and adhere to Judge Lehrburger's individual rules and practices. The Court respectfully requests the Clerk of the Court to mail a copy of this order to the pro se plaintiff: Charmaine Cooke at 834 Penfield St, Apt. # 4H, Bronx, N.Y. 10470. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 2/29/24) Copies transmitted this date to counsel of record. Filed In Associated Cases: 1:23-cv-07330-PAE-RWL, 1:24-cv-00536-PAE-RWL (yv) Transmission to Docket Assistant Clerk for processing.
February 29, 2024 Set/Reset Hearings: Case Management Conference set for 3/14/2024 at 10:00 AM before Magistrate Judge Robert W. Lehrburger. Associated Cases: 1:23-cv-07330-PAE-RWL, 1:24-cv-00536-PAE-RWL(yv)
February 29, 2024 Filing 14 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIRMATION of Charmaine Cooke in Support re: #13 Proposed Clerk's Certificate of Default. Document filed by Charmaine Cooke. (sac) Modified on 2/29/2024 (nd).
February 29, 2024 Filing 13 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Charmaine Cooke. (sac) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 2/29/2024 (nd).
February 29, 2024 Filing 12 RESPONSE re: #9 Order. Document filed by Charmaine Cooke. (sac)
February 29, 2024 ***NOTICE TO FILER TO REGARDING DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to regarding Document #14 Affirmation in Support. ERROR(S): Linked to deficient docket entry. (nd)
February 29, 2024 ***NOTICE TO FILER REGARDING REJECTION OF PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Notice to Charmaine Cooke re:document #13 Proposed Clerk's Certificate of Default was rejected by the Clerk's Office for the following reason(s): the time to answer the pleading has not elapsed; See court's order dated 2/22/2024, docket entry 9. (nd) Modified on 2/29/2024 (nd).
February 27, 2024 Opinion or Order Filing 11 CASE MANAGEMENT CONFERENCE ORDER: ORDER of Hearing: Case Management Conference scheduled for March 12, 2024, at 10:00 a.m. in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. Parties are instructed to review and adhere to Judge Lehrburger's individual rules and practices. The Court respectfully requests the Clerk of the Court to mail a copy of this order to the pro se plaintiff: Charmaine Cooke at 834 Penfield St, Apt. # 4H, Bronx, N.Y. 10470. SO ORDERED. Case Management Conference set for 3/12/2024 at 10:00 AM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. Copies transmitted this date to counsel of record. Charmaine Cooke (PRO SE) 834 Penfield Street, Apt. # 4H, Bronx, N.Y. 10470. (Signed by Magistrate Judge Robert W. Lehrburger on 2/27/2024) (mml) Transmission to Docket Assistant Clerk for processing.
February 27, 2024 Mailed a copy of #11 Scheduling Order to Charmaine Cooke 834 Penfield St. Apt. #4H, Bronx, NY 10470. (nb) Modified on 2/27/2024 (nb).
February 25, 2024 Filing 10 LETTER addressed to Magistrate Judge Robert W. Lehrburger from C. Cooke, dated 2/25/24 re: RELATED CASE STATEMENT - CASES NOT TO BE JOINED. Document filed by Charmaine Cooke.(sc)
February 23, 2024 ***DELETED DOCUMENT. Deleted docket entries regarding [Magistrate Judge Reassignment to MJ Tarnofsky]. The entries were incorrectly filed in this case. (vba)
February 22, 2024 Opinion or Order Filing 9 ORDER: Both these matters have been referred to me for general pretrial purposes. Because the two actions involve the same, or substantially the same, facts and issues, the Court hereby consolidates the two matters pursuant to Fed. R. Civ. P. 42, at least for pretrial purposes. Any filing shall be made using the consolidated caption above and shall be filed in both cases. Defendant's time to respond to the complaint in 24-cv-536 is stayed pending conferencing both matters with the Court. The Court will schedule an initial pretrial conference to discuss Plaintiff's motion to "transfer" (i.e., remand) back to state court, as well as scheduling and all other pretrial issues relevant to entry of a case management and scheduling order for the consolidated cases. SO ORDERED. The Court respectfully requests the Clerk of Court to mail a copy of this Order to the pro se Plaintiff: Charmaine Cooke, 834 Penfield Street, #4Hs, Bronx, NY 10470. (Signed by Magistrate Judge Robert W. Lehrburger on 2/22/2024) (mml) Transmission to Docket Assistant Clerk for processing.
February 22, 2024 CONSOLIDATED MEMBER CASE: Create association to 1:23-cv-07330-PAE-RWL. (mml)
February 22, 2024 Mailed a copy of #9 Order to Charmaine Cooke 834 Penfield Street, #4Hs Bronx, NY 10470. (nb)
February 21, 2024 Opinion or Order Filing 8 ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Robert W. Lehrburger. SO ORDERED. Motions referred to Robert W. Lehrburger. (Signed by Judge Paul A. Engelmayer on 2/21/2024) (ama)
February 21, 2024 CASE ACCEPTED AS RELATED. Create association to 1:23-cv-07330-PAE-RWL. Notice of Assignment to follow. (tro)
February 21, 2024 NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Unassigned is no longer assigned to the case..(tro)
February 21, 2024 Magistrate Judge Robert W. Lehrburger is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (tro)
February 20, 2024 Filing 7 STATEMENT OF RELATEDNESS re: that this action be filed as related to 23cv7330. Document filed by Consolidated Edison Company of New York, Inc...(Molfetta, Michele)
February 15, 2024 ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE RELATED CASE STATEMENT. Notice to Attorney Michele Ann Molfetta, for non compliance with Local Rule 13 of the Division of Business Among Judges. Attorney must electronically file the Related Case Statement. Use the event type Statement of Relatedness found under the event list Other Documents. (bc)
February 12, 2024 Filing 6 NOTICE OF PRO SE APPEARANCE by Charmaine Cooke. (sc)
February 1, 2024 Filing 5 NOTICE OF MOTION OBJECTION TO NOTICE OF REMOVAL, Re: to Dismiss Defendant's Notice of Removal. Document filed by Charmaine Cooke.(sc)
January 30, 2024 ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE RELATED CASE STATEMENT. Notice to Attorney Michele Ann Molfetta, for non compliance with Local Rule 13 of the Division of Business Among Judges. Attorney must electronically file the Related Case Statement. Use the event type Statement of Relatedness found under the event list Other Documents. (pc)
January 30, 2024 Case Designated ECF. (pc)
January 30, 2024 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pc)
January 30, 2024 CASE REFERRED TO Judge Paul A. Engelmayer as possibly related to 23cv7330. (pc)
January 29, 2024 Filing 4 CIVIL COVER SHEET filed..(Molfetta, Michele)
January 29, 2024 Filing 3 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 14/2024..Document filed by Consolidated Edison Company of New York, Inc.. (Attachments: #1 Exhibit state court complaint).(Molfetta, Michele)
January 26, 2024 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michele Ann Molfetta. The party information for the following party/parties has been modified: Charmaine DM Cooke, Consolidated Company of New York, Inc.. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly;. (pc)
January 26, 2024 ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Michele Ann Molfetta to RE-FILE Document No. #1 Notice of Removal, #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet; multiple natures of suit were selected. Choose one. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (pc)
January 26, 2024 ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE RELATED CASE STATEMENT. Notice to Attorney Michele Ann Molfetta, for non compliance with Local Rule 13 of the Division of Business Among Judges. Attorney must electronically file the Related Case Statement. Use the event type Statement of Relatedness found under the event list Other Documents. (pc)
January 26, 2024 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michele Ann Molfetta to RE-FILE Document No. #1 Notice of Removal, #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; File the State Court Complaint as an attachment to the Notice of Removal, not the Civil Cover Sheet. Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 1/31/2024. (pc)
January 25, 2024 Filing 2 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - CIVIL COVER SHEET filed. (Attachments: #1 Exhibit state court complaint).(Molfetta, Michele) Modified on 1/26/2024 (pc).
January 25, 2024 Filing 1 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 14/2024. (Filing Fee $ 405.00, Receipt Number ANYSDC-28859509).Document filed by Consolidated Company of New York, Inc...(Molfetta, Michele) Modified on 1/26/2024 (pc).

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Plaintiff: Charmaine DM Cooke
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Plaintiff: Charmaine Cooke
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Defendant: Consolidated Company of New York, Inc.
Represented By: Michele Ann Molfetta
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Defendant: Consolidated Edison Company of New York, Inc.
Represented By: Ivan A. Mendez, Jr.
Represented By: Michele Ann Molfetta
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