Key Takeaway
Learn what happens when you admit allegations in an answer that should have been denied, and how New York courts handle motions to amend pleadings.
This article is part of our ongoing pleading defects coverage, with 189 published articles analyzing pleading defects issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.
Anoun v City of New York, 2011 NY Slip Op 05638 (1st Dept. 2011)
Deny, Deny, Deny and do not withdraw those affirmative defenses. Well, only when answering a complaint.
But, despite everything I always thought, you can get around an admission in a complaint through a motion for leave to amend.
“defendant answered and admitted ownership and control over the area where the accident occurred.” WOOPS
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“Defendant subsequently moved for, inter alia, summary judgment, arguing that it did not own the subject park. Defendant provided evidence that the property was owned by the State. When defendant realized that it had previously admitted ownership, defendant moved for leave to serve an amended answer and to stay a determination of the summary judgment motion.”
It is well established that leave to amend a pleading is freely given “absent prejudice or surprise resulting directly from the delay” (Fahey v County of Ontario, 44 NY2d 934, 935 ; see CPLR 3025). “Prejudice arises when a party incurs a change in position, or is hindered in the preparation of its case, or has been prevented from taking some measure in support of its position” (Valdes v Marbrose Realty, 289 AD2d 28, 29 ). Here, the 90-day period within which plaintiff could serve the State with a notice of claim terminated on September 29, 2008, more than three months prior to defendant’s admission of ownership. Thus, the admission could not have caused plaintiff any prejudice. For the same reasons, plaintiff’s claims of estoppel are unfounded (see Baje Realty Corp. v Cutler, 32 AD3d 307, 310 ).
Although it may ultimately be found that defendant participates in the park’s operation or retains some control over it, that does not warrant denial of the motion to amend. On such a motion, the court considers “the sufficiency of the merits of the proposed amendment” (Heller v Louis Provenzano, Inc., 303 AD2d 20, 25 ). Here, defendant’s submissions, which included an affidavit of the title examiner and appropriation maps showing that the property was the subject of a taking by the State, were sufficient to support the proposed amendment (see e.g. MBIA Ins. Corp. v Greystone & Co., Inc., 74 AD3d 499 ).”
So here you go.
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Legal Update (February 2026): Since this 2011 post, CPLR 3025 amendment standards may have evolved through subsequent case law interpretations, and courts may have refined their approach to evaluating prejudice and surprise in motions to amend pleadings that contain inadvertent admissions. Practitioners should verify current judicial standards for leave to amend and any updated procedural requirements that may affect strategies for correcting erroneous admissions in answers.
Legal Context
Why This Matters for Your Case
New York law is among the most complex and nuanced in the country, with distinct procedural rules, substantive doctrines, and court systems that differ significantly from other jurisdictions. The Civil Practice Law and Rules (CPLR) governs every stage of civil litigation, from service of process through trial and appeal. The Appellate Division, Appellate Term, and Court of Appeals create a rich and ever-evolving body of case law that practitioners must follow.
Attorney Jason Tenenbaum has practiced across these areas for over 24 years, writing more than 1,000 appellate briefs and publishing over 2,353 legal articles that attorneys and clients rely on for guidance. The analysis in this article reflects real courtroom experience — from motion practice in Civil Court and Supreme Court to oral arguments before the Appellate Division — and a deep understanding of how New York courts actually apply the law in practice.
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Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.
New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.
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