Judgment unanimously modified, without costs, and matter remitted to Supreme Court, Erie County, for further proceedings in accordance with memorandum.
Memorandum:
The defendant contends that it was an abuse of discretion for Special Term to refuse to accept an admittedly untimely response to a notice to admit duly served pursuant to CPLR 3123 (subd [a]). He also asserts that there are triable issues of fact which preclude the entry of summary judgment pursuant...
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