The Hawthorne Group, LLC v. RRE Ventures

In The Hawthorne Group, LLC v. RRE Ventures, (7 AD3d 320, 324 [1st Dept 2004]), the Appellate Division, First Department stated that: "a notice to admit, pursuant to CPLR 3123(a), is to be used only for disposing of uncontroverted questions of fact or those that are easily provable, and not for the purpose of compelling admission of fundamental and material issues of ultimate facts that can only be resolved after a full trial"