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TWO CLINTON SQUARE CORP. v. FRIEDLER

91 A.D.2d 1195 (1983)

Two Clinton Square Corp., Appellant, v. Sydney Friedler et al., Respondents. Alan Rosoff, Third-Party Plaintiff-Respondent, v. Smith, Sovik, Kendrick, McAuliffe & Schwarzer, Third-Party Defendant-Appellant. (Appeal No. 2.)

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

January 31, 1983

Order unanimously affirmed, without costs.

Memorandum:

Special Term properly vacated the notice to admit. A notice to admit may only be used to establish matters of fact. It is not intended to cover ultimate conclusions but only to eliminate as issues in litigation matters about which there should be no dispute at trial (Spawton v Strates Shows, 75 Misc.2d 813; Nader v General Motors Corp.,

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