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.