In a defendant's answer, if a statement is not denied or stated with knowledge or information sufficient to form a belief, what happens?

• A. It is deemed admitted
• B. It is considered denied
• C. It is considered waived
• D. It is subject to motion for more definite statement

Answer: (A)

In NY civil practice, a defendant must respond to each factual allegation in the complaint by admitting, denying, or stating lack of knowledge or information sufficient to form a belief. If an allegation is not denied, or if the denial is made without knowledge or information to form a belief, that allegation is deemed admitted. The idea is to prevent evasive pleading and to have a clear record of which facts the defendant admits as true.

So the result of not denying, or denying without knowledge to form a belief, is that the fact is treated as admitted by operation of law. This admitted status means the fact can be used at trial as though proven.

Briefly, outright denial must be explicit and based on knowledge or information; lacking that, the effect is admission. The notions of waiver or a motion for a more definite statement are separate procedural concepts and do not describe what happens to the unaddressed allegation.