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ROSENFELD v. VORSANGER

5 A.D.3d 462 (2004)

772 N.Y.S.2d 597

SANDRA ROSENFELD, Respondent, v. JEFFREY VORSANGER, Defendant, and TOTAL NEURO CARE, P.C., et al., Appellants.

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

March 8, 2004.

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

The purpose of a notice to admit is only to eliminate from the issues in litigation matters which will not be in dispute at trial (see DeSilva v Rosenberg, 236 A.D.2d 508 [1997]). It is not intended to cover ultimate conclusions, which can only be made after a full and complete trial (see id.; Villa v New York City Hous. Auth.,

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