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GENNA v. KLEMPNER

Index No. 100530/16. Appeal No. 14005N-14005NA. Case Nos. 2019-03366, 2019-04575.

195 A.D.3d 444 (2021)

144 N.Y.S.3d 853

2021 NY Slip Op 03526

Paula Genna, Appellant, v. Oleg Klempner D.D.S. et al., Respondents.

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

Decided June 3, 2021.

Attorney(s) appearing for the Case

Paula Genna, appellant pro se.

Landman Corsi Ballaine & Ford P.C., New York ( Shayna A. Bryan , of counsel), for Oleg Klempner, D.D.S., and Central Park South Dental Care, PLLC, respondents.

Morris Duffy Alonso & Faley, New York ( Iryna S. Krauchanka of counsel), for Babak Robert Ghalili, D.M.D., respondent.

Concur—Manzanet-Daniels, J.P., Kapnick, Mazzarelli, Oing, JJ.

A notice to admit is to be used only for disposing of uncontroverted questions of fact or those that are easily provable, not for the purpose of requesting admissions of material issues or ultimate or conclusory facts which can only be resolved after a full trial (Meadowbrook-Richman, Inc. v Cicchiello, 273 A.D.2d 6 [1st Dept 2000]; see also MTGLQ Invs., LP v Collado, 183 A.D.3d 414, 415 [1st Dept 2020]; 32nd Ave. LLC v...

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