6 New York Civil Practice: CPLR P 3124.00

Summary

CPLR 3124 is one of the vehicles in Article 31 that can be used to compel a party or person to comply with most all of the disclosure demands in Article 31. If a person “fails to respond to or comply with any request, notice, interrogatory, demand, question, or order” under article 31, the party seeking disclosure may make a motion to compel compliance or a response. See also Uniform Rule § 202.7(a) (22 NYCRR § 202.7(a)) (requiring affirmation of good faith effort to be served with motion relating to disclosure). The notice to admit needs no separate enforcement mechanism because the failure to respond will result in the matters being deemed admitted. Therefore, it is excluded from CPLR 3124‘s scope.

A motion to compel disclosure under CPLR 3124 can be made, for example, to compel compliance with: (1) a deposition notice (see CPLR 3107, CPLR 3109); (2) a demand to produce books, papers and other things (see CPLR 3111, CPLR 3120); (3) a demand for an address (see CPLR 3118); (4) a demand...