City of Atlanta v. State Farm Fire & Casualty Co.

Quillian, Presiding Judge.

The defendant City of Atlanta appeals from an order granting the plaintiff partial summary judgment as to liability. Held:

1. The defendant contends that the trial judge erroneously denied its motion to allow a late response to plaintiffs request for admissions. It is argued that the plaintiff as the party opposing the motion failed to satisfy the court that withdrawal of the admission will prejudice it in maintaining an action on the merits.

In Cielock v. Munn, 244 Ga. 810 (262 SE2d 114) the Supreme Court held that, under the provisions of CPA § 36 (Code Ann. §…