Practice point: 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. Here, the plaintiff's notice to admit improperly sought the
defendant's admission concerning a matter that went to the heart of the
controversy.
Student note: Moreover, 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.
Case: Ramcharran v. New York Airport Servs., LLC, NY Slip Op 05195 (2d Dept. 2013).
Here is the decision.
Monday's issue: Denying a trustee's commission.
