Barnes v. Shul Private Car Service, Inc.

Defendant’s motion to vacate its default in service of admissions requested by the plaintiff is denied unless the defendant complies with the conditions set forth herein.

The court ignores the question of late service of the ‘ ‘ verified answer ” to the request, late service of the plaintiff’s “ papers in opposition” to the motion and “timely” return of the “verified answer”. In order to .save the time of the court and the attorneys which may otherwise be spent in further motions, the court addresses itself to the merits of the question presented.

CPLR 3123 is intended to narrow the issues and…