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2022 New York Laws
CVP - Civil Practice Law and Rules
Article 31 - Disclosure
3123 - Admissions as to Matters of Fact, Papers, Documents and Photographs.

Universal Citation:
NY CPLR § 3123 (2022)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
§  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.

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