2020 New York Laws
CVP - Civil Practice Law and Rules
Article 31 - 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.