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GROEGER v. COL-LES ORTHOPEDIC ASSOCS.

136 A.D.2d 952 (1988)

Sheila N. Groeger, as Executrix of Grey M. Groeger, Deceased, Appellant, v. Col-Les Orthopedic Associates, P. C., et al., Respondents

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

January 29, 1988

Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: The court improvidently exercised its discretion by granting the motion of defendant Wierzbieniec for a protective order precluding use of a notice to admit upon the ground that the statements had already been admitted at a pretrial deposition. Use of both a deposition and notice to admit is not barred by statute (CPLR 3123; compare, CPLR 3130...

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