On January 14, 2025, Justice Reed of the New York County Commercial Division issued a decision in Perella Weinberg Partners LLC v. Kramer, 2025 NY Slip Op 50024(U) [84 Misc 3d 1263(A)], holding that a notice to admit may be served after the note of issue is filed, explaining:
A notice to admit may be served at any time after service of the answer and not later than twenty days before trial. Here, the notice to admit was served on April 2, 2024. The service of the notice was completed more than twenty (20) days prior to the original April 29, 2024 trial date, and certainly sufficiently prior to the current January 24, 2025 date. The notice to admit is timely.
. . . A notice to admit may be served after the filing of a note of issue without leave of court and may be used as a vehicle to crystallize issues prior to trial.
(Internal quotations and citations omitted).