What Exactly Are We Admitting To? The Use and Limits of Notices to Admit in New York Commercial Litigation

Among the procedural tools available to New York litigants, the “notice to admit” mechanism under CPLR 3123 stands out for its potential to streamline litigation by eliminating matters that should not be in dispute. Partner Lara Flath discusses the purpose and recent applications of the notice to admit, with a focus on its proper and improper uses, its timing and the consequences of noncompliance.