Order reversed, on the law and the facts, without costs, and motion remitted to Special Term for a determination as to the propriety of the items in the notice to admit.
The motion was denied by the learned Special Term on the ground that a decision as to the reasonableness of the demands in a notice to admit may not be made by Special Term, in advance of trial, but must instead be left to the trial court. In our opinion this was error and Special Term now has the...
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