Section 1102. Implied admissions


Latest version.
  • The following provisions governing matters
      deemed  admitted and the imposition of additional costs for unreasonable
      denials shall be applicable in this court.
        (a) Ownership, operation or control of:
        1. Vehicle. In an action for negligence arising  from  the  ownership,
      operation or control of a vehicle required to be registered or licensed,
      where   the   pleading   containing  the  cause  of  action  states  the
      registration or license number of such vehicle,  the  pleader  need  not
      prove upon the trial the ownership, operation or control of such vehicle
      by  the  other  party  and  the  same  shall  be deemed admitted, unless
      specifically denied in the responsive pleading.
        2. Streetcar or bus. In an action  for  negligence  arising  from  the
      ownership, operation or control of any streetcar or omnibus in the state
      of  New  York,  where the pleading containing the cause of action states
      the avenue or street upon  which  the  said  streetcar  or  omnibus  was
      operated,  the  place where the accident occurred, and the number of the
      streetcar or omnibus or the name or  number  of  any  of  the  employees
      operating  the  said  streetcar  or omnibus at the time in question, the
      pleader need not prove  upon  the  trial  the  ownership,  operation  or
      control  of  the  particular streetcar or omnibus by the other party and
      the same shall be deemed admitted, unless  specifically  denied  in  the
      responsive pleading.
        3.  Building.  In an action for negligence arising from the ownership,
      operation or control of any building, dwelling or tenement house,  where
      the  pleading  containing the cause of action states the full address of
      the building, dwelling or tenement house and  the  date  when  the  acts
      complained  of took place, the pleader need not prove upon the trial the
      ownership, operation or control of such building, dwelling  or  tenement
      house  by  the other party and the same shall be deemed admitted, unless
      specifically denied in the responsive pleading.
        (b) Signature. A signature to a written instrument  which  is  pleaded
      shall  be  deemed  genuine  unless  the  other  party, in his responsive
      pleading, specifically denies its genuineness and makes demand  that  it
      be proved.
        (c)  Corporate  existence.  In  an  action by or against a corporation
      organized or authorized to do business pursuant to the laws of the state
      of New York, the existence of such corporation shall be deemed  admitted
      unless specifically denied in the responsive pleading.
        (d) In the event of the unreasonable or unjustifiable denial of any of
      the  matters  contained  in  subdivisions  (a),  (b)  or  (c),  and  the
      satisfactory proof thereof, upon trial, by the party who  pleaded  them,
      the court may allow such party, if he prevails in the action, additional
      costs not to exceed twenty-five dollars for each such denial.