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New York Civil Practice: CPLR
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.
6-3123 New York Civil Practice: CPLR 3123.syn
Admissions as to Matters of Fact, Papers, Documents and Photographs
David L. Ferstendig
The chapter considers the broad permissible scope of the notice to admit, the limitations on the effect of an admission, and the matters that are not subject to a notice to admit and thereby allow a respondent to qualify or explain a response or give reasons for not responding. The chapter also examines the apparent conflicts between CPLR 3123 and Uniform Rule for New York State Trial Courts § 202.21 (22 NYCRR § 202.21). The chapter considers the purpose of the notice to admit, which is to eliminate matters not in dispute from trial, and the corresponding need for a party serving a notice to reasonably believe that the matters are not in substantial dispute. In addition, the chapter details the options available to the party responding to a notice to admit and the effect of each option, and it distinguishes the notice to admit from interrogatories or a bill of particulars.
Finally, this chapter includes a historical appendix discussing the amendments and legislative and judicial reports relating to CPLR 3123, references to related New York State and federal rules, and law reviews discussing CPLR 3123.
New York Civil Practice: CPLR (more commonly known as Weinstein, Korn & Miller) is the leading treatise on New York civil procedure and litigation, and is cited frequently by New York State and Federal courts as the authority on civil practice issues. It provides in-depth analysis and interpretation of New York's Civil Practice Law and Rules (CPLR), along with expert guidance and information on common and complex procedural issues facing New York civil law practitioners.
CPLR 3123,Admission,Fact,Papers,Documents,Photographs,Uniform Rules for New York State Trial Courts,Material Proposition,Ultimate Issue,Failure to Deny,Failure to Admit,Sanction,Material Fact,Necessary Fact,Special Proceedings,Unreasonable Failure to Admit,Unreasonable Denial,Silence,Denial,Privileged Matter,Immunized Matter,Interrogatories,Bill of Particulars,Disclosure
RELATED CHAPTERS: (View)
For a detailed discussion of disclosure and methods of disclosure, see CPLR 3101, Scope of Disclosure; and CPLR 3102, Method of Obtaining Disclosure.
For a discussion of the availability of a protective order, see CPLR 3103, Protective Orders.
For a discussion of the penalties and sanction for nondisclosure, see CPLR 3124, Failure to Disclose; Motion to Compel Disclosure; and CPLR 3126, Penalties for Refusal to Comply with Order or to Disclose.
For a discussion of interrogatories, see CPLR 3130, Use of Interrogatories.
For a discussion of the bill of particulars, see CPLR 3041, Bill of Particulars in Any Case; CPLR 3042, Procedure for Bill of Particulars; and CPLR 3043, Bill of Particulars in Personal Injury Actions.
For a discussion of the time to respond to a notice to admit, see CPLR 2103, Service of Papers.
OTHER RELATED PUBLICATIONS:
For valuable insights, checklists, and practice pointers on civil litigation practices in New York, see LexisNexis AnswerGuide New York Civil Litigation (Matthew Bender).
For discussion and guidance on handling appeals before New York courts, see New York Appellate Practice (Matthew Bender).
For coverage of civil litigation practice and procedure in New York federal courts, see Federal Litigation Guide: New York and Connecticut (Matthew Bender).