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KIMMEL v. PAUL, WEISS, RIFKIND, WHARTON & GARRISON

214 A.D.2d 453 (1995)

625 N.Y.S.2d 202

Sidney Kimmel et al., Appellants, v. Paul, Weiss, Rifkind, Wharton & Garrison, Respondent

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

April 20, 1995

Since the Notice to Admit predominantly seeks admissions as to material and ultimate issues, and legal conclusions on material issues, as opposed to admissions confirming matters where "there can be no substantial dispute at the trial" (CPLR 3123 [a]), the Notice to Admit was properly stricken. (See, e.g., Hodes v City of New York, 165 A.D.2d 168.) As to the interrogatories at issue, it is clear that they improperly request...

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