The courts of Buffalo do not want to see personal injury trials bogged down in arguments regarding issues that are not really in dispute. Instead, it is preferable for all parties to a personal injury lawsuit that the matter be narrowed down to the issues that are actually relevant before proceeding to court.
One mechanism that may be used to narrow such issues is the Notice To Admit. New York State law provides that any party to a personal injury lawsuit may serve upon any other party a formal request for admission by the latter of the genuineness of any papers or documents, or the correctness or fairness of representation of any photographs, described in and served with the request, or of the truth of any matters of fact set forth in the request, as to which the party requesting the admission reasonably believes there can be no substantial dispute at the trial and which are within the knowledge of such other party or can be ascertained by him upon reasonable inquiry.
The law further provides that each of the matters of which an admission is requested shall be deemed admitted unless within twenty days after service thereof, the party to whom the request is directed serves upon the party requesting the admission a sworn statement either denying specifically the matters of which an admission is requested or setting forth in detail the reasons why he cannot truthfully either admit or deny those matters.
If an admission is made its use is limited to the personal injury lawsuit and it is not deemed an admission for any other purpose.
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