Torres v. McCormick

In an action, inter alia, to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (Martin, J.), dated December 1, 2005, as granted those branches of the motion of the defendant Chase Manhattan Bank, U.S.A., N.A., which were to withdraw its admission that it owned the offending vehicle, and to compel him to accept late service of its response to a notice to admit.

Ordered that the order is affirmed insofar as appealed from, with costs.

*444By failing to timely respond to the plaintiffs notice to admit, requesting it to admit that…