In a civil action, the admissions by any party of any fact material to the issues are always competent evidence against the party wherever, whenever or to whomsoever made. Reed v. McCord. 160 NY 330, 341 (1899). This common law principle has been codified as CPLR 4549. Although much has recently been written regarding the expansion of the allowable admissions of employees against their employers, that subject is not treated here.

Informal judicial admissions may be useful evidence in the disposition of a medical malpractice claim. Although informal judicial admissions are not conclusive against the declarant party, they may be helpful evidence of the facts admitted. People v. Rivera, 45 NY 2d 989, 991 (1978). By contrast, a formal judicial admission is conclusive of the facts admitted in the action in which it is made. Cook v. Barr. 44 NY 156, 158 (1870). The spectrum of informal judicial admissions is understandably broader than that of formal judicial admissions, and this is illustrated in the reported decisions on the effects of each.