Skip to content

Courts on AI / Fabricated or misquoted citations

Brown v. Real Estate Capital of America, LLC

Supreme Court of New York, New York County · State trial courts · NY · · 2026 N.Y. Slip Op. 51211(U); 2026 WL 2291696 · No. Index No. 165361/2025 · opinion

The New York Supreme Court decides a broker-dispute dismissal motion and denies sanctions requested on reply. The court says plaintiffs attributed a quotation to a case where it did not appear, but even treating it as an AI fabrication did not warrant a monetary sanction.

Disposition
The court dismissed one claim against two defendants and denied a reply-requested sanctions award over an alleged AI-fabricated quotation.
Recorded conduct
Plaintiffs’ opposition attributed a quotation to a cited case that the court says did not contain it. — outcome: other; actor: lawyer
Canonical record
Incident tracker entry — verified outcome, regulator disposition and related rules

What the court wrote

Verbatim from the court's document (public domain). Ellipses mark omitted text; nothing is paraphrased.

Movants alternatively seek dismissal of plaintiffs' claims and an award of attorney fees, on the additional ground that plaintiffs' opposition assertedly includes a quotation fabricated by artificial intelligence. (NYSCEF No. 30 at 5-6, 9.) Movants do not identify the basis for this court's authority to impose the requested sanction. Movant's request for sanctions is denied. ... Movants have identified a quotation in plaintiffs' opposition papers that does not appear in the case to which the opposition attributes it. But even if this court were to conclude that the challenged quotation is an AI fabrication, rather than the product of ordinary human error, movants' sanctions request is based on a single quotation erroneously attributed to a single case; and the passage of the opposition in which the quotation appears merely provides additional, supplemental support for an argument that rests on properly cited authority. The court is unpersuaded, in these circumstances, that a § 130-1.1 monetary sanction would be warranted.

Authorities cited in the passage: 22 NYCRR 130-1.1 · Matter of Julien v. Arthur, 2026 NY Slip Op 03308 · Tewari v. Tsoutsouras, 75 NY2d 1 (1989) · Napoli v. Bern, 171 AD3d 489 (1st Dept 2019)

compiled by the Cognesio LLP editorial teammethodas of 2026-09-07v0.1.1coding CC BY 4.0JSON Hugging Face GitHub