CPLR 3123(a) authorizes the service of a notice to admit upon a party, and provides that if a timely response thereto is not served, the contents of the notice are deemed admitted. However, the only purpose of the notice is to eliminate from contention those matters which are not in dispute in the litigation and which may be readily disposed of. The notice may not be used to obtain information in lieu of other disclosure devices, or to compel admissions of fundamental and material issues or contested ultimate facts.
American Bldrs. & Contrs. Supply Co., Inc. v. Vinyl is Final, Inc., NY Slip Op 06346 (2d Dep't December 13, 2023)
