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Judicial behavioral profile

Justice Anne J.
Swern

New York Supreme Court, Kings County

What Justice Swern has required, taken from her transcripts, dockets, and decisions (published and unpublished).

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Behavioral summary

In the cited rulings, accusations against associated doctors or lawyers did not prove the injured person committed fraud. Justice Swern reconsidered specific missed points but rejected late attempts to present a new case. Financing companies had to prove payment and the balance owed, even when the business admitted the agreement.

These are patterns across the cited decisions, not findings about a disposition toward either side or about any litigant’s character.

Observed patterns

Each pattern is labelled by how many distinct cases show it and footnoted to the ruling. Where the record limits a pattern, the limit stays with it.

An admitted agreement is not enough: show the money paid and the balance owed

Recurring across three matters

Justice Swern checked whether the financing company paid the money and proved the debt, even without opposition. Velocity succeeded with stronger bank and payment records.

Preparation point

Show the transfer, payment history, and remaining balance.

How it played outSituation, action, outcome
The situation
A company sought judgment on an admitted or unopposed financing claim.
What she did
She checked actual payment and reliable proof of the balance.
What made a difference
Velocity succeeded with better records.
In her words1 quote

“The statements in plaintiff’s affidavit are inadmissible to establish performance under the contract.”

Eminent Funding LLC v Global Supply System, Inc., printed p. 4. Written ruling.

In the cited cases3 rulings

Daka lacked properly certified bank records and a supported ledger. Eminent had similar problems despite the businesses’ admissions.

In Velocity, the business’s bank records confirmed funding; stopped automatic payments and continued operations supported recovery.

Accusations against doctors or lawyers do not prove that this plaintiff committed fraud

Recurring across four matters

In the cited rulings, accusations against associated doctors or lawyers did not prove the plaintiff knowingly lied. Reliance by an insurer did not prove reliance by the defendants seeking the fraud claim.

Preparation point

Identify this plaintiff’s false statement, who relied on it, and the loss it caused.

How it played outSituation, action, outcome
The situation
Fraud allegations about doctors or lawyers were used against the plaintiff.
What she did
She required proof about this plaintiff and the defendant’s own fraud claim.
What made a difference
Rejecting the new claim did not decide trial use or later sanctions.
In her words1 quote

“disregard for the accuracy of his affirmations, the CPLR, the Part 75 Rules and plaintiff’s time.”

Shrestha v Tricar Transp., LLC, printed p. 7. She was discussing an earlier $200 penalty against defense counsel, not a finding of fraud by the plaintiff.

In the cited cases4 rulings

Espinoza found no adequate link between the RICO accusations and the plaintiff’s knowing misrepresentation. Davis distinguished the insurer’s possible reliance from the defendants’ reliance.

Pardaev and Shrestha also rejected fraud claims lacking the required link and reliance.

Point to an actual conflict in the evidence, not just a claim that someone is unreliable

Recurring across four matters

Video and admissions resolved liability when no supported competing account was offered.

Preparation point
How it played outSituation, action, outcomeIn her wordsHer quotesIn the cited cases4 rulings

For late requests, explain what was known earlier and what work would have to restart

Recurring across four matters

Waiting for an opponent’s motion, or using information long known, did not excuse reopening the case late.

Preparation point
How it played outSituation, action, outcomeIn her wordsHer quotesIn the cited cases4 rulings

She may take another look without changing the result

Recurring across four matters

An overlooked deposition point changed a ruling.

Preparation point
How it played outSituation, action, outcomeIn her wordsHer quotesIn the cited cases4 rulings

Put the evidence and explanation in the first motion papers

Recurring across three matters

Justice Swern excluded investigation exhibits and new arguments first submitted in reply.

Preparation point
How it played outSituation, action, outcomeIn her wordsHer quotesIn the cited cases3 rulings

Cited rulings

Every observation traces to one of these decisions. The seven behind the free patterns are listed here; the other 12 are in the full profile.

MatterIndex No.DecidedCitationPattern
Pardaev v NDM Enterprises, Inc.502564/2023Apr. 21, 20262026 NY Slip Op 31791(U)Pattern 02
Velocity Capital Group LLC v Generations Adult Day Services, Inc.518835/2024Apr. 10, 20262026 NY Slip Op 31565(U)Pattern 01
Eminent Funding LLC v Global Supply System, Inc.517529/2023Mar. 26, 20262026 NY Slip Op 31262(U)Pattern 01
Daka Capital Group, Inc. v Granite Station Saddlery & Feed, Inc.502291/2023Mar. 18, 20262026 NY Slip Op 31079(U)Pattern 01
Davis v Federal Express Corp.503396/2020Nov. 14, 20252025 NY Slip Op 34587(U)Pattern 02
Shrestha v Tricar Transp., LLC512508/2022June 9, 20252025 NY Slip Op 32195(U)Pattern 02
Espinoza v Rockaway S., L.P.514047/2020Jan. 9, 20252025 NY Slip Op 30157(U)Pattern 02

Built from the cited written decisions, published as NY Slip Op rulings and cited by printed page. Quotations are as printed, with only quotation-mark typography normalized. Confirm any passage against the decision before relying on it in a filing. OurFirm.ai is not affiliated with or endorsed by the court or any judge.

How to read this profile

Judge AI reports what a judge said and did in cited decisions, and labels how far each observation reaches. It does not forecast outcomes, compute grant rates, or characterize temperament, motive, or bias, and a question from the bench is never reported as a ruling. It informs your judgment; it does not replace it.

How Judge AI is built
Observed conduct
A specific ruling, order, or statement in a cited decision.
Recurring across matters
The same narrow conduct in two or more distinct cited cases. Not a rate.
Repeated within one matter
Several instances inside one litigation. Never counted as corroboration.
Isolated
One cited ruling. Reported, never generalized into a trait.

Other profiled judges

Built the same way, from each judge's own written decisions. Name any judge on your docket and we will build theirs. All New York profiles

Questions about this profile

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What has Justice Swern required from financing companies seeking judgment?

In the cited rulings she checked actual payment and reliable proof of the balance, even when the business admitted the agreement or did not oppose. A company with stronger bank and payment records recovered.

How has Justice Swern handled fraud claims against injured plaintiffs?

She required proof about the plaintiff and the defendant’s own fraud claim. Accusations against associated doctors or lawyers did not prove the plaintiff knowingly lied, and rejecting the new claim did not decide trial use or later sanctions.

Can Judge AI predict how Justice Swern will rule?

No. Judge AI builds behavioral profiles from real opinions, oral argument transcripts, and docket records so you can see how a judge has responded to arguments like yours before. It informs your judgment; it does not replace it or forecast an outcome.

Where does this profile come from?

From Justice Swern’s written decisions. The profile cites 19 rulings across 19 cases from 2025 to 2026, each by case name, NY Slip Op citation, and page.

What is in the full profile?

All six observed patterns with every pinpoint, the limits and exceptions the record contains, and the preparation points that follow from them. We walk you through it on a 30-minute call and can build the profile for the judge on your next matter.

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