Legal Opinion

Nader v. General Motors Corp.

New York Supreme Court

Decided April 3, 1967PublishedCited by 9 opinions

1Opinion of the CourtSaul S. Streit, J.

Motion to vacate and strike plaintiff’s notice to admit is granted.

The subject notice consists of more than 300 separate items, subdivided in 44 paragraphs of a 29-page, single-spaced type*516written document. Even a cursory examination of these papers establishes that, as a whole, the notice in question is patently burdensome, unnecessarily prolix, and unduly protracted.

Likewise, it is obvious that plaintiff’s notice to admit violates the scope and intendment of CPLR 3123 (formerly Civ. Prac. Act, § 322), which governs the application for and use of such admissions. The purpose of the notice to…

2Cases cited6 opinions

  1. Easley v. StateNew York Court of Claims · 1957
  2. In re the Estate of KellyNew York Surrogate's Court · 1962
  3. Solof v. City of New YorkAppellate Terms of the Supreme Court of New York · 1944
  4. Clark v. Prudential Insurance Co. of AmericaNew York Supreme Court · 1962
  5. In re the Estate of CollinsNew York Surrogate's Court · 1961

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Felice v. St. Agnes HospitalAppellate Division of the Supreme Court of the State of New York · 1978
  2. Taylor v. BlairAppellate Division of the Supreme Court of the State of New York · 1986
  3. Villa v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1985
  4. Howlan v. RosolAppellate Division of the Supreme Court of the State of New York · 1988
  5. Spawton v. James E. Strates Shows, Inc.New York Supreme Court · 1973

4 more not listed; retrieve them via the Exa API.

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