Groeger v. Col-Les Orthopedic Associates, P. C.

Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: The court improvidently exercised its discretion by granting the motion of defendant Wierzbieniec for a protective order precluding use of a notice to admit upon the ground that the statements had already been admitted at a pretrial deposition. Use of both a deposition and notice to admit is not barred by statute (CPLR 3123; compare, CPLR 3130 [1]), and each device serves a distinct purpose. The pretrial deposition is utilized to discover facts, whereas the notice to…