2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 31 - (3101 - 3140) DISCLOSURE
3123 - Admissions as to matters of fact, papers, documents and photographs.

 
    §  3123.  Admissions  as  to  matters  of  fact, papers, documents and
  photographs. (a) Notice to admit;  admission  unless  denied  or  denial
  excused. At any time after service of the answer or after the expiration
  of twenty days from service of the summons, whichever is sooner, and not
  later  than  twenty  days  before  the trial, a party may serve upon any
  other party a written  request  for  admission  by  the  latter  of  the
  genuineness  of  any papers or documents, or the correctness or fairness
  of representation of any photographs, described in and served  with  the
  request,  or  of  the  truth  of  any  matters  of fact set forth in the
  request, as to which  the  party  requesting  the  admission  reasonably
  believes  there can be no substantial dispute at the trial and which are
  within the knowledge of such other party or can be  ascertained  by  him
  upon  reasonable inquiry. Copies of the papers, documents or photographs
  shall be served  with  the  request  unless  copies  have  already  been
  furnished.  Each of the matters of which an admission is requested shall
  be deemed admitted unless within twenty days after  service  thereof  or
  within  such  further time as the court may allow, the party to whom the
  request is directed serves upon the party  requesting  the  admission  a
  sworn  statement  either  denying  specifically  the matters of which an
  admission is requested or setting forth in detail  the  reasons  why  he
  cannot  truthfully either admit or deny those matters. If the matters of
  which an admission is requested cannot be fairly admitted  without  some
  material  qualification  or  explanation, or if the matters constitute a
  trade secret or such party would  be  privileged  or  disqualified  from
  testifying  as  a  witness concerning them, such party may, in lieu of a
  denial or statement, serve a sworn statement setting forth in detail his
  claim and, if the claim is that the matters cannot  be  fairly  admitted
  without  some  material  qualification  or  explanation,  admitting  the
  matters with such qualification or explanation.
    (b) Effect of admission. Any admission made, or deemed to be made,  by
  a party pursuant to a request made under this rule is for the purpose of
  the  pending action only and does not constitute an admission by him for
  any other  purpose  nor  may  it  be  used  against  him  in  any  other
  proceeding;  and  the  court, at any time, may allow a party to amend or
  withdraw any admission on such terms as may be just. Any admission shall
  be subject to all pertinent objections to  admissibility  which  may  be
  interposed at the trial.
    (c)  Penalty  for  unreasonable denial. If a party, after being served
  with a request under subdivision (a) does not admit  and  if  the  party
  requesting  the  admission thereafter proves the genuineness of any such
  paper or document, or the correctness or fairness of  representation  of
  any  such  photograph,  or  the truth of any such matter of fact, he may
  move at or immediately following the trial for an  order  requiring  the
  other  party  to pay him the reasonable expenses incurred in making such
  proof, including reasonable attorney's fees. Unless the court finds that
  there were good reasons for the denial or the refusal otherwise to admit
  or that the admissions sought were of  no  substantial  importance,  the
  order  shall  be  made  irrespective of the result of the action. Upon a
  trial by jury, the motion for such an order shall be determined  by  the
  court outside the presence of the jury.