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CONSTANTINO v. NEWMAN

47 A.D.2d 626 (1975)

Eleanor Constantino et al., Appellants, v. Walter Newman Respondent

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

February 3, 1975

Order modified by striking so much thereof as granted defendant's motion and substituting therefor a position denying said motion. As so modified, order affirmed, with $20 costs and disbursements to appellants.

While a protective order may be utilized to test the legitimacy of a notice to admit pursuant to CPLR 3123 (see Epstein v. Consolidated Edison Co. of N. Y., 31 A.D.2d 746; Nader v. General Motors Corp.,

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