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WILLIAMS v. CITY OF NEW YORK

2013-10227, Index No. 48165/00.

125 A.D.3d 767 (2015)

999 N.Y.S.2d 898

LOWAYNE WILLIAMS, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided February 11, 2015.

Ordered that the judgment is affirmed, 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. It is not intended to cover ultimate conclusions, which can only be made after a full and complete trial" (DeSilva v Rosenberg, 236 A.D.2d 508, 508 [1997]; see Priceless Custom Homes, Inc. v O'Neill, 104 A.D.3d 664

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