May 22, 2015

Failure to deny an allegation in a complaint.

Practice point:  The failure to deny an allegation in a complaint constitutes an admission to the truth of that allegation, pursuant to CPLR 3018[a].

Student note:  Admissions in pleadings are always in evidence for all purposes at the trial of an action.

Case:  DeSouza v. Khan, NY Slip 04085 (2d Dept. 2015)

Here is the decision.

Tuesday's issue:  Contract interpretation.