Legal Opinion
Glasser v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided October 25, 1999PublishedCited by 10 opinions
1Opinion of the Court
—In a negligence action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Queens County (Weiss, J.), dated October 8, 1998, as denied her motion to strike the answer of the defendant City of New York for willful noncompliance with a notice to admit.
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly determined that the plaintiffs notice to admit sought an admission which went to the heart of the matter at issue, i.e., constructive notice of a defect, and was thus improper (see, DeSilva…
2Cases cited5 opinions
- DeSilva v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1997
- National Union Fire Insurance v. AllenAppellate Division of the Supreme Court of the State of New York · 1997
- Spawton v. James E. Strates Shows, Inc.New York Supreme Court · 1973
- Ashkenazi v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997
- In re T./P. ChildrenNew York City Family Court · 1995
3Cited by10 opinions
- Nacherlilla v. Prospect Park Alliance, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Lolly v. Brookdale University Hospital & Medical CenterAppellate Division of the Supreme Court of the State of New York · 2007
- 32nd Avenue LLC v. Angelo Holding Corp.Appellate Division of the Supreme Court of the State of New York · 2015
- Tolchin v. GlaserAppellate Division of the Supreme Court of the State of New York · 2008
- Morreale v. SerranoAppellate Division of the Supreme Court of the State of New York · 2009
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