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VASQUEZ v. VENGROFF

295 A.D.2d 421 (2002)

743 N.Y.S.2d 301

HECTOR VASQUEZ et al., Respondents, v. HARVEY VENGROFF et al., Defendants, and DIAMOND ROCK REALTY, INC., et al., Appellants. (And a Third-Party Action.)

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

Decided June 10, 2002.

Ordered that the order is affirmed, with costs.

The notices to admit served by the appellants upon the plaintiffs were clearly beyond the purview of appropriate demands pursuant to CPLR 3123. A notice to admit may not seek information which would not reasonably be expected to be within the personal knowledge of the party served (see Taylor v Blair, 116 A.D.2d 204, 206). Moreover, this device should not be used to call for...

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