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MILLER v. HILMAN KELLY CO.

177 A.D.2d 1036 (1991)

Michael J. Miller, Appellant, v. Hilman Kelly Company and/or its Successor in Interest, Bassh & Ross, a Division of Martin Decker Company, a Division of Cooper Industries, et al., Defendants, and Varco B.J. Oil Tools, as Successor in Interest to B.J. Machinery, Respondent. (Appeal No. 1.)

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

November 15, 1991

Order and judgment unanimously reversed on the law with costs, motion denied and complaint reinstated.

Memorandum:

Defendants' notices to admit were palpably improper. Defendants did not seek admissions with respect to "`clear-cut matters of fact'" about which they reasonably believed there could be no dispute or controversy (Siegel, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C3123:1, at 710...

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