N.Y. CPLR § 3123

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 3123 Admissions as to matters of fact, papers, documents andphotographs § 3123. Admissions as to matters of fact, papers, documents andphotographs. (a) Notice to admit; admission unless denied or denialexcused. At any time after service of the answer or after the expirationof twenty days from service of the summons, whichever is sooner, and notlater than twenty days before the trial, a party may serve upon anyother party a written request for admission by the latter of thegenuineness of any papers or documents, or the correctness or fairnessof representation of any photographs, described in and served with therequest, or of the truth of any matters of fact set forth in therequest, as to which the party requesting the admission reasonablybelieves there can be no substantial dispute at the trial and which arewithin the knowledge of such other party or can be ascertained by himupon reasonable inquiry. Copies of the papers, documents or photographsshall be served with the request unless copies have already beenfurnished. Each of the matters of which an admission is requested shallbe deemed admitted unless within twenty days after service thereof orwithin such further time as the court may allow, the party to whom therequest is directed serves upon the party requesting the admission asworn statement either denying specifically the matters of which anadmission is requested or setting forth in detail the reasons why hecannot truthfully either admit or deny those matters. If the matters ofwhich an admission is requested cannot be fairly admitted without somematerial qualification or explanation, or if the matters constitute atrade secret or such party would be privileged or disqualified fromtestifying as a witness concerning them, such party may, in lieu of adenial or explanation, or if the matters constitute atrade secret or such party would be privileged or disqualified fromtestifying as a witness concerning them, such party may, in lieu of adenial or statement, serve a sworn statement setting forth in detail hisclaim and, if the claim is that the matters cannot be fairly admittedwithout some material qualification or explanation, admitting thematters with such qualification or explanation.(b) Effect of admission. Any admission made, or deemed to be made, bya party pursuant to a request made under this rule is for the purpose ofthe pending action only and does not constitute an admission by him forany other purpose nor may it be used against him in any otherproceeding; and the court, at any time, may allow a party to amend orwithdraw any admission on such terms as may be just. Any admission shallbe subject to all pertinent objections to admissibility which may beinterposed at the trial.(c) Penalty for unreasonable denial. If a party, after being servedwith a request under subdivision (a) does not admit and if the partyrequesting the admission thereafter proves the genuineness of any suchpaper or document, or the correctness or fairness of representation ofany such photograph, or the truth of any such matter of fact, he maymove at or immediately following the trial for an order requiring theother party to pay him the reasonable expenses incurred in making suchproof, including reasonable attorney's fees. Unless the court finds thatthere were good reasons for the denial or the refusal otherwise to admitor that the admissions sought were of no substantial importance, theorder shall be made irrespective of the result of the action. Upon atrial by jury, the motion for such an order shall be determined by thecourt outside the presence of the jury.