BELL, Chief Judge.
1. The motion to dismiss the appeal is denied.
2. The decision in this case rests on the effect to be given to the response returned by the defendant to the request for admissions. Section 36 (a) of the Civil Practice Act provides in part as follows: "Each of the matters of which an admission is requested shall be deemed admitted unless ... the party to whom the request is directed files with the clerk and serves upon the party requesting...
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