Litigation Nuts & Bolts

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Effective June 1, 2026, the New York State Unified Court System has adopted a new rule, Part 161 of the Rules of the Chief Administrator, titled “Use of Artificial Intelligence Technology.” The new rule applies to all courts of the Unified Court System, in both civil and criminal cases. The rule defines “artificial intelligence” (“AI”)…

Read More New York Courts’ New Rule Regarding the Use of Artificial Intelligence Technology
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In Maltezos v. Wyden, No. 162211/2025, 2026 WL 1482438 (N.Y. Sup. Ct. May 20, 2026), the court denied the defendants’ motion to seal the complaint in this action for discrimination and hostile work environment. According to the complaint, Brandon O’Brien (deceased) worked as a personal assistant for defendant Nancy Bass Wyden, and his job duties…

Read More Court Declines to Seal Complaint in Hostile Work Environment, Sexual Harassment Action Against Nancy Wyden
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Man in bow tie on courthouse steps Man in bow tie on courthouse steps

For decades, New York civil litigators operating under the Civil Practice Law and Rules (CPLR) relied on a familiar playbook: When a client was sued, defense counsel often took a, let’s say, “patient” approach to third-party practice by engaging in often lengthy, time-consuming discovery to fully clarify fault before bringing in (impleading) other parties, such…

Read More New York’s New Avoiding Vexatious Overuse of Impleading to Delay (AVOID) Act Streamlines Third-Party Practice
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In Vuong v. United States Department of Veterans Affairs, No. 25-20199, 2026 WL 737338 (5th Cir. Mar. 16, 2026), the U.S. Court of Appeals for the Fifth Circuit reversed a lower district court’s ruling dismissing plaintiff’s hostile work environment claim, finding no basis for the “pleading deficiency” cited by the lower court. From the decision:…

Read More Hostile Work Environment Claim Dismissal Due to “Pleading Insufficiency” Reversed
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In Anandaraja v. Icahn Sch. of Med. at Mount Sinai, No. 159045/22, 2025 WL 3028707 (N.Y. App. Div. 1 Dept. Oct. 30, 2025), the court ruled on a motion for a protective order under CPLR 3103(a) – specifically as to whether particular questions could be asked during depositions. From the decision: Supreme Court should have…

Read More Court Precludes Deposition Questions as to Dismissed Discrimination Claims
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In New York practice, there are many devices available to the parties for obtaining information as part of the discovery (in NY, “disclosure”) phase of civil litigation. These include Interrogatories, Demands for Documents and Things, Depositions, and (as will be discussed here) Requests for Admissions. New York Civil Practice Law and Rules (CPLR) 3123 provides:[1]In…

Read More The Notice to Admit in New York Practice
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“Judicial Notice” is a process which may be used to have certain matters accepted at trial as established, without the necessity of formal proof. It comes in two forms: (1) judicial notice of facts; and (2) judicial notice of law. See generally, Guide to NY Evidence, Article 2; Federal Rule of Evidence 201. Judicial Notice…

Read More Judicial Notice in New York Practice
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In New York practice, the “Bill of Particulars” is a widely-used device to obtain more detail – “particulars” – about a legal claim (either a plaintiff’s affirmative claims, or a defendant’s affirmative defense(s)). Technically, even though the Bill of Particulars (referred to as a “BP” by New York litigation regulars) is not a “discovery” device,…

Read More The “Bill of Particulars” in New York Practice
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