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GLASSER v. CITY OF NEW YORK

265 A.D.2d 526 (1999)

697 N.Y.S.2d 167

JANET GLASSER, Appellant, v. CITY OF NEW YORK, Respondent, et al., Defendants.

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

Decided October 25, 1999.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that the plaintiff's notice to admit sought an admission which went to the heart of the matter at issue, i.e., constructive notice of a defect, and was thus improper (see, DeSilva v Rosenberg, 236 A.D.2d 508; Ashkenazi v City of New York, 239 A.D.2d 186, 187; National...

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