New York Law (NYLE) Practice Exam

What must happen for a crossclaim allegation not to be automatically admitted in legal proceedings?

1. It must be answered within 14 days

2. The court must agree to hear it

3. It must involve a new party

4. It must be filed as a counterclaim

The correct answer is: It must be answered within 14 days

In the context of legal proceedings, a crossclaim is typically an allegation made by one party against a co-party within the same action. In New York, the general rule is that allegations in a crossclaim are considered automatically admitted unless they are specifically denied. However, for a crossclaim allegation not to be automatically admitted, it must be properly addressed in a timely manner. When one party files a crossclaim, the opposing party must respond to that crossclaim within a specified time frame—14 days is the standard in New York. If the opposing party fails to respond in this period, the allegations in the crossclaim are deemed admitted. Therefore, timely answering is crucial to avoid automatic admission. This requirement underscores the importance of actively participating in the litigation process, ensuring that all parties have an opportunity to respond to claims against them, and thereby maintaining the integrity of the legal proceedings.