Objections and Responses to Notice to Admit
(NY)

Summary

This Objections and Response to Notice to Admit (also known as requests for admission) is a standard form that attorneys may use in a New York state court litigation to respond to a party's requests for admission of certain matters. This template contains practical guidance, drafting notes, and optional clauses. The only purpose of a notice to admit is "to eliminate from contention those matters which are not in dispute in the litigation and which may be readily disposed of." 32nd Ave. LLC v. Angelo Holding Corp., 20 N.Y.S.3d 420, 422 (N.Y. App. Div. 2015). Those matters are limited to: • The genuineness of papers or documents • The accuracy of photographs –or– • The truth of any matters as to which the requesting party reasonably believes there can be no substantial dispute at trial N.Y. C.P.L.R. § 3123(a). As soon as you are served with a notice to admit, review it to make sure it is proper and within the scope of N.Y. C.P.L.R. 3123(a). For more information on the scope of notices to admit, see Notice to Admit: Preparing and Using Requests for Admission (NY) and Notice to Admit: Responding to Requests for Admission (NY). If you are served with a notice to admit that exceeds the permissible scope or is otherwise unreasonable, make a motion for a protective order under N.Y. C.P.L.R. § 3103. If you move for a protective order only as to certain requests, you must still respond to all other requests. See, e.g. Great Am. Ins. Co. v. Matzen Constr., Inc., 494 N.Y.S.2d 464, 465 (N.Y. App. Div. 1985). For more information on protective orders, see Motion for Protective Order: Making and Opposing the Motion (NY). If the notice to admit is proper and within the scope of N.Y. C.P.L.R. § 3123, you must serve a response within 20 days of service, unless the parties have agreed to a different time. N.Y. C.P.L.R § 3123(a). For each individual request for admission, you can respond in any of the following ways: • Admit the matter • Deny the matter • Set forth in detail the reasons why you cannot truthfully either admit or deny the matter • Admit the matter with qualification or explanation • Set forth privilege or trade secret claims N.Y. C.P.L.R. § 3123. All responses other than an admission require a sworn statement. N.Y. C.P.L.R. § 3123(a). Any matters not responded to are deemed admitted, provided the request is proper. N.Y. C.P.L.R. § 3123. To avoid being bound by an erroneous admission, respond to each request or move for a protective order. If a request is improper the court will excuse a failure to deny, but the court will not make this determination until the admission is sought to be used at trial. See, e.g., Howlan v. Rosol, 526 N.Y.S.2d 674, 676 (N.Y. App. Div. 1988). If you ignore a request that you believe is improper and the court disagrees, you will be bound by the admission at trial. For a full listing of key content covering fundamental civil litigation tasks throughout a New York court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (NY). For more information on using notices to admit, see Notice to Admit: Preparing and Using Requests for Admission (NY), and for a template, see Notice to Admit: Responding to Requests for Admission (NY).