I believe for the Southern and Eastern District of NY there is a local rule 7.2 that entitles a pro se litigant to be provided with authorities on request from opposing counsel who cite those unpublished cases. However, i can find nothing for the NY state trial civil courts that provides this right. The cases cited by opposing counsel are from NY law journals which are not available publicly or on my legal research service (which is not Westlaw or lexisnexis). Currently, even going to the public law library is not an option. I'm guessing not, but just curious if there is any similar rule or practice in NY state civil courts or if I should just request a copy as a courtesy. Thank you.
No New York State rule. Have you tried googling the cases? Sometimes even the unpublished ones are picked up by third party sites.
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Dear Manhattan Litigant:
Parties most often encounter old unpublished (except in the New York Law Journal) decisions in Housing Court lawsuits, but I am sure this occurs as well with other forms of lawsuits. Now, the Court system has in some way busted the NYLJ monopoly on "unpublished cases" with the ability to access decisions at Most Recent Decisions with an archive back to December 2003. http://www.courts.state.ny.us/reporter/slipidx/miscolo.shtml
Of course, Housing Court still has an ancient body of law that never made it beyond the original NYLJ except for the Housing Court Reporter [https://www.worldcat.org/title/new-york-city-housing-court-reporter/oclc/11742812#:]; and of course, if the cited cases are among those frequently referenced then, most Housing Law attorneys know the cited case.
This would be so for other special fields of practice as well.
I have forty four years experience in the specialty of Housing Law and Tenant's Rights advocacy. The answer I provided to you does not create an attorney and client relation. You are free to check my office contact information at my AVVO profile. The answer offered is in the nature of general information, and should not be considered as tailored legal advice. I offer answers as a service to the community with my firm belief that you should try gain a good outcome for your legal issue and to avoid a bad outcome if you can.
You have to do your own research and pay the costs of doing so. Even unpublished opinions are available generally from the courts files (electronically) or from the legal data research site. Understand that unpublished opinions have little weight with many courts
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