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N.Y. Jud. Law § 14

Disqualification of judge by reason of interest or consanguinity

Applied in 82 court decisions — leading case Neroni v. Follender (2016)

Most recently applied in Yao Wen Lei v. Yu Hin Chan (August 2024)

2014-09-22

How often courts cite this section

201420202024160
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

§ 14. Disqualification of judge by reason of interest or\nconsanguinity. A judge shall not sit as such in, or take any part in\nthe decision of, an action, claim, matter, motion or proceeding to which\nhe is a party, or in which he has been attorney or counsel, or in which\nhe is interested, or if he is related by consanguinity or affinity to\nany party to the controversy within the sixth degree. The degree shall\nbe ascertained by ascending from the judge to the common ancestor,\ndescending to the party, counting a degree for each person in both\nlines, including the judge and party, and excluding the common ancestor.\nBut no judge of a court of record shall be disqualified in any action,\nclaim, matter, motion or proceeding in which an insurance company is a\nparty or is interested by reason of his being a policy holder therein.\nNo judge shall be deemed disqualified from passing upon any litigation\nbefore him because of his ownership of shares of stock or other\nsecurities of a corporate litigant, provided that the parties, by their\nattorneys, in writing, or in open court upon the record, waive any claim\nas to disqualification of the judge.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.