Legal Opinion · Concurrence

Berg v. Flower Fifth Avenue Hospital

Appellate Division of the Supreme Court of the State of New York

Decided June 21, 1984Published

1ConcurrenceKupferman, J.

While I can concur in the conclusion on the basis that the court should not have to prune requests for admission (see Brandon v Chefetz, 101 AD2d 786), I believe that it should be made clear that at least the following request is fully justified: “1. The annexed Hospital record of the infant plaintiff, constitutes the full and complete record of Flower Fifth Avenue Hospital regarding Wendy Berg.” U CPLR 3123 (subd [a]) provides for notice to admit where “the party requesting the admission reasonably believes there can be no substantial dispute at the trial and which are within the knowledge…

2Cases cited1 opinion

  1. Brandon v. ChefetzAppellate Division of the Supreme Court of the State of New York · 1984

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