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STANGER v. MORGAN

8654, 111703/09.

100 A.D.3d 545 (2012)

954 N.Y.S.2d 95

JOEL STANGER, Respondent, v. DAWN M. MORGAN et al., Appellants.

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

November 20, 2012.

While defendants' brief delay in responding to the notice to admit, which occurred during the substitution of counsel, did not result in any prejudice, the motion court could not have compelled plaintiff to accept the response, as it was unsworn and improperly made "upon information and belief" (see CPLR 3123 [a]; Rosenfeld v Vorsanger, 5 A.D.3d 462, 463 [2d Dept 2004]). Nevertheless...

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