October 21, 2011

Requesting an admission.

Practice point: Pursuant to CPLR 3123, a party may serve upon any other party a written request for an admission of the truth of any facts which the requesting party reasonably believes cannot be disputed at trial and which are within the knowledge of the other party or can be ascertained upon reasonable inquiry.

Student note: If the requested admission is not denied within twenty days after service, the requested admission will be deemed admitted.

Case: Nacherlilla v. Prospect Park Alliance, Inc., NY Slip Op 07205 (2d Dept. 2011).

Here is the decision.

Monday’s issue: Custody agreements.