Opinion
April 29, 1985
Appeal from the Supreme Court, Westchester County (Nastasi, J.).
Order affirmed insofar as appealed from, with costs.
The purpose of a notice to admit "is not to obtain information in lieu of other disclosure devices, such as the taking of depositions before trial, but only to eliminate from the issues in litigation matters which will not really be in dispute at the trial" ( Falkowitz v. Kings Highway Hosp., 43 A.D.2d 696). Moreover, requests for admissions are not intended to cover ultimate conclusions, which can only be made after a full and complete trial ( Berg v. Flower Fifth Ave. Hosp., 102 A.D.2d 760; Falkowitz v. Kings Highway Hosp., supra). Special Term properly granted defendant Travelers Insurance Company's motion for a protective order and vacated plaintiffs' notice to admit, noting that "[p]laintiffs have made no attempt to limit it to this defendant or to factual matters which they reasonably believe are not in dispute". Titone, J.P., Lazer, Thompson and O'Connor, JJ., concur.