New York Law (NYLE) Practice Exam

In a negligence action, how does failure to demand an answer on a crossclaim affect its validity?

1. It renders the crossclaim void

2. It causes the crossclaim to be automatically dismissed

3. The allegations in the crossclaim are deemed admitted if not answered

4. The allegations in the crossclaim are deemed denied if not answered

The correct answer is: The allegations in the crossclaim are deemed admitted if not answered

In a negligence action, if a party fails to demand an answer to a crossclaim, the allegations presented in the crossclaim are deemed admitted if no response is given. This principle stems from the procedural rules governing civil claims, where the absence of a timely answer to a properly filed crossclaim implies that the opposing party accepts those allegations as true. This automatic admission plays a significant role in the progression of the case, as it can simplify certain aspects of the litigation process. In contrast to this understanding, the other options do not align with established legal principles. The assertions that the crossclaim becomes void, is automatically dismissed, or that the allegations are deemed denied would misrepresent the procedural consequences of failing to respond. The correct interpretation reinforces the importance of timely responses to ensure that all parties adequately contest claims made against them.