Miller v. Hilman Kelly Co.

Order and judgment unanimously reversed on the law with costs, motion denied and complaint reinstated. Memorandum: Defendants’ notices to admit were palpably improper. Defendants did not seek admissions with respect to " 'clear-cut matters of fact’ ” about which they reasonably believed there could be no dispute or controversy (Siegel, Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR C3123:1, at 710, citing Spawton v Strates Shows, 75 Misc 2d 813, 814; see, CPLR 3123 [a]; Taylor v Blair, 116 AD2d 204, 206). Instead, defendants sought admissions of contested ultimate issues by…