Hernandez v. City of New York

*794Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered on or about January 25, 2011, which, in this personal injury action, denied plaintiff’s motion for an order deeming the facts in her notice to admit as having been admitted by defendant-respondent and to strike the portion of defendant’s answer that denied those facts, unanimously reversed, on the law, without costs, and the motion granted.

Defendant is deemed to have admitted the facts contained in plaintiff’s notice to admit, as it did not timely respond to the notice (see CPLR 3123 [a]; see also New Image Constr., Inc. v…