A notice to admit is to be used only for disposing of uncontroverted questions of fact or those that are easily provable, not for requesting admissions of material issues or ultimate or conclusory facts which can only be resolved after a full trial. The notice cannot be used to obtain information in lieu of other disclosure devices, such as the taking of depositions. Here, the motion court correctly found that both notices, which sought admissions of both ultimate and conclusory facts, were sufficiently responded to, and properly directed plaintiff to seek such information through discovery disclosure devices.
Genna v. Klempner, NY Slip Op 03526 (1st Dep't June 3, 2021)
