Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 1102
Implied admissions
Uniform Justice Court Act (UJC) CHAPTER 898, ARTICLE 11
§ 1102. Implied admissions.

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 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.