The role of judicial admissions in civil litigation in New York has long been recognized.

In a civil action the admissions of a party of any fact material to the issues are always competent evidence against him wherever, whenever, or to whomsoever made. Reed v. McCord, 160 NY 330, 341 (1899).

In a world of litigants sharing their most private affairs with total strangers, and inexpensive data storage of virtually every detail of their lives, the potential for securing admissions by opposing litigants demands attention in discovery. It is useful to examine what constitutes an admission, and how admissions are best employed.

Types of Admissions

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