(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.
Structure New York Laws
CVP - Civil Practice Law and Rules
3102 - Method of Obtaining Disclosure.
3104 - Supervision of Disclosure.
R3105 - Notice to Party in Default.
R3106 - Priority of Depositions; Witnesses; Prisoners; Designation of Deponent.
R3107 - Notice of Taking Oral Questions.
R3108 - Written Questions; When Permitted.
R3109 - Notice of Taking Deposition on Written Questions.
R3110 - Where the Deposition Is to Be Taken Within the State.
R3111 - Production of Things at the Examination.
R3112 - Errors in Notice for Taking Depositions.
R3113 - Conduct of the Examination.
R3114 - Examination of Witness Who Does Not Understand the English Language.
R3115 - Objections to Qualification of Person Taking Deposition; Competency; Questions and Answers.
R3116 - Signing Deposition; Physical Preparation; Copies.
3119 - Uniform Interstate Depositions and Discovery.
3121 - Physical or Mental Examination.
R3122 - Objection to Disclosure, Inspection or Examination; Compliance.
R3122-A - Certification of Business Records.
3122-B - Certification of Insurance Disclosure.
3123 - Admissions as to Matters of Fact, Papers, Documents and Photographs.
R3124 - Failure to Disclose; Motion to Compel Disclosure.
R3125 - Place Where Motion to Compel Disclosure Made.
3126 - Penalties for Refusal to Comply With Order or to Disclose.
3130 - Use of Interrogatories.
3131 - Scope of Interrogatories.
R3132 - Service of Interrogatories.
R3133 - Service of Answers or Objections to Interrogatories.