Opinion
January 31, 1983
Appeal from the Supreme Court, Onondaga County, Murphy, J.
Present — Hancock, Jr., J.P., Callahan, Denman, Boomer and Schnepp, JJ.
Order unanimously affirmed, without costs. Memorandum: Special Term properly vacated the notice to admit. A notice to admit may only be used to establish matters of fact. It is not intended to cover ultimate conclusions but only to eliminate as issues in litigation matters about which there should be no dispute at trial ( Spawton v. Strates Shows, 75 Misc.2d 813; Nader v General Motors Corp., 53 Misc.2d 515, affd 29 A.D.2d 632). We find paragraphs 89 through 119, which concern ultimate conclusions of fact and law, to be inappropriate. Plaintiff may submit a new notice to admit containing demands which are within the scope and intendment of CPLR 3123.