N.Y. Civil Practice Law & Rules § 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.