Notices to admit are among the more potentially dangerous tools sanctioned by Article 31 of the CPLR. Unlike other devices codified in that statute, they are not mechanisms for obtaining discovery. Instead, their purpose is to streamline trials. To accomplish that goal, the penalty for a party’s failure to respond to such a notice is an admission which is binding on that party at trial. That is why the device is so potent and so perilous.
However, the permissible and proper uses of notices to admit are circumscribed, such that they should not ordinarily result in binding admissions on disputed matters of great import to the litigation. Despite this limitation, the device is often misused, and a failure to properly respond in such a circumstance can have significant consequences. It is therefore important to understand the rules and procedures applicable to notices to admit. This column examines those rules and procedures, as well as the proper and improper uses of the device in medical malpractice actions.
