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FALKOWITZ v. KINGS HIGHWAY HOSP.

43 A.D.2d 696 (1973)

Bertha Falkowitz, as Administratrix of The Estate of Jonah Falkowitz, Deceased, Respondent, v. Kings Highway Hospital et al., Defendants, and Abbott Laboratories, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 3, 1973

Order reversed, without costs, and motion granted.

The notice to admit consists of 33 paragraphs and consumes more than six pages (closely printed) of the record on appeal. Even a cursory examination of it establishes that, as a whole, it is patently burdensome, unnecessarily prolix and unduly protracted. In our opinion, the notice is patently improper and violates the scope and intendment of CPLR 3123 (formerly Civ. Prac. Act, § 322), which governs the application...

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