Vega v Archdiocese of New York

Holding The appeal was dismissed because the record lacked admissible evidence to support the appellant’s claims of attorney-client and work-product privileges. The court held that unsworn representations in appellate briefs are insufficient to establish the existence of these privileges for meaningful appellate review.

The court’s words

the record is inadequate to enable this Court to render an informed decision on whether Supreme Court's rejection of Fordham's privilege claims was a provident exercise of its discretion

2026 NY Slip Op 06270, at the official text

we cannot consider counsel's representations, as they are unsupported by the record

2026 NY Slip Op 06270, at the official text

appellate briefs are not sworn or affirmed to be true under penalties of perjury

2026 NY Slip Op 06270, at the official text

the affirmation of a party's attorney who demonstrates no personal knowledge of the matter has no evidentiary value

2026 NY Slip Op 06270, at the official text