HERNANDEZ v. CITY OF NEW YORK

Nos. 7830N, 16906/04, 42074/09.

95 A.D.3d 793 (2012)

945 N.Y.S.2d 292

2012 NY Slip Op 4236

ISABEL HERNANDEZ, Appellant, v. CITY OF NEW YORK, Defendant, and NEW YORK CITY TRANSIT AUTHORITY, Respondent. (And A Third-Party Action.)

Appellate Division of the Supreme Court of New York, First Department.

Decided May 31, 2012.


Defendant is deemed to have admitted the facts contained in plaintiff's notice to admit, as it did not timely respond to the notice (see CPLR 3123 [a]; see also New Image Constr., Inc. v TDR Enters. Inc., 74 A.D.3d 680, 681 [2010]). Indeed, defendant did not respond to the notice to admit until 2½ years later, and then simply objected to the requests as improper and denied the facts "on information and belief." Contrary...

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