New York / Citation decisions
Matter of Samuel
Surr. Ct., Kings County
2024 NY Slip Op 24014
What happened
In a contested probate proceeding, counsel submitted a reply affirmation supporting summary judgment. Five of the six cited cases were erroneous or nonexistent. The Surrogate’s Court noted that AI use had not been definitively proved or admitted, while finding that the authorities had not received the examination the signed submission required.
The court focused on the failure to check sources rather than AI use alone. It struck the attorney affirmation from the record and directed counsel to appear for further proceedings concerning the improper submission. The opinion did not fix an economic sanction; that question was reserved for the later appearance.
Sanction or disposition
The reply affirmation was stricken. Counsel was directed to appear on January 30, 2024 for further proceedings concerning possible economic sanctions.
From the opinion
“it is not necessarily the use of AI in and of itself that causes such offense and concern, but rather the attorney’s failure to review the sources produced by AI without proper examination and scrutiny”