Marguess v. City of New York

Judgment dismissing the complaint at the end of the plaintiff’s case, affirmed, without costs or disbursements. Although we do not mitigate in any vtay the remissness of the defendant city in its culpably neglectful treatment of the plaintiff’s notice to admit, we feel the answer of the city and the limited admission of the defendant Surface put the plaintiff on notice he would be put to his full proof as to all the essential elements of his case. Furthermore, the sweeping, generalized demands of the plaintiff’s notice, relating to questions of ultimate liability, were not attuned to any…