Landlord Can't Use Notice to Admit" for Disputed Facts"

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that the rent, or part of the rent, had already been paid and that there were conditions in the apartment needing repair. Just before trial, landlord delivered notices to tenant, demanding that tenant admit or deny whether rent was paid for each month from July 2000 to December 2005. Landlord also demanded that tenant produce all correspondence and other documents relating to repair claims for the apartment. Tenant asked the court to strike these demands. The court ruled for tenant. Notices to admit facts are used to dispose of facts that aren't disputed. In this case, whether rent was paid and issues concerning repairs were disputed. So the notices couldn't be used to get facts. The facts must be obtained through testimony and documentary evidence at trial.

Blanca Realty Corp. v. Espinal: NYLJ, 4/5/06, p. 21, col. 1 (Civ. Ct. NY; Schreiber, J)