Apodaca v. Gordon

OPINION

LOPEZ, Judge.

Plaintiff sued defendant for wrongfully stopping payment on a check. On April 23, 1973, defendant mailed to plaintiff’s counsel a request for admissions pursuant to N.M.R.Civ.P. 36, § 21-1-1(36), N.M.S. A. 1953 (Repl.Vol. 4). The request was filed in district court on April 30, 1973. On May 23, 1973, defendant filed a motion for summary judgment contending that the matters in the request should be deemed admitted and that the alleged admissions concluded the case in his favor. On May 30, 1973, the plaintiff responded to the request. The trial court denied the motion for…