Rosenfeld v. Vorsanger
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for medical malpractice, the defendants Total Neuro Care, P.C., and Ranga C. Krishna appeal from so much of an order of the Supreme Court, Kings County (Levine, J.), dated January 10, 2003, as denied that branch of their motion which was to compel the plaintiff to accept service of a reply to her notice to admit.
Ordered that the order is affirmed insofar as appealed from, with costs.
The purpose of a notice to admit is only to eliminate from the issues in litigation matters which will not be in dispute at trial (see DeSilva v Rosenberg, 236 AD2d 508 [1997]). It…
2Cases cited4 opinions
- DeSilva v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1997
- Villa v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1985
- Kalabovic v. Fort Place Cooperative, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Constantino v. NewmanAppellate Division of the Supreme Court of the State of New York · 1975
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- Hernandez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
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