Legal Opinion

Tolchin v. Glaser

Appellate Division of the Supreme Court of the State of New York

Decided January 29, 2008PublishedCited by 7 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Bayne, J.), dated September 26, 2007, which granted the defendants’ motion for a protective order and struck the plaintiffs’ notices to admit.

Ordered that the order is affirmed, 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. It is not intended to cover ultimate conclusions, which can *923only be made after a full and complete trial” (Rosenfeld v Vorsanger, 5 AD3d 462…

2Cases cited4 opinions

  1. DeSilva v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1997
  2. Glasser v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
  3. Rosenfeld v. VorsangerAppellate Division of the Supreme Court of the State of New York · 2004
  4. Gomez v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by7 opinions

  1. Nacherlilla v. Prospect Park Alliance, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  2. 32nd Avenue LLC v. Angelo Holding Corp.Appellate Division of the Supreme Court of the State of New York · 2015
  3. Alberto v. JacksonAppellate Division of the Supreme Court of the State of New York · 2014
  4. Midland Funding LLC v. ValentinNassau County District Court · 2013
  5. Alberto v. JacksonAppellate Division of the Supreme Court of the State of New York · 2014

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