One of the great unused tools that Article 31 of the CPLR provides for is the Notice to Admit. The Notice to Admit can be used in premises cases to nail down ownership etc., mva cases on license plates etc. and of course in Labor Law cases to establish various elements of your prima facie case. Serious time frames are attached to them and defense counsel usually get "a little bent out of shape " when they are served.
There is even a provision in the CPLR when a party responds with an unreasonable denial. This will give rise to motion practice and possibly costs and sanctions. Plus defendants will know you're playing for real.
So the next time an issue comes up; think about sending a 77 paragraph notice to admit to the defendants.
No comments:
Post a Comment