A motion that seeks an order to exclude “anticipated inadmissible, immaterial, or prejudicial evidence . . . .” State of New York v. Metz, 241 A.D.2d 192, 198, 671 N.Y.S.2d 79 (1st Dept. 1998).

The motion in liminie can be made before trial or during trial.

The motion can seek to

  • preclude a reference to the evidence in an opening statement, see Carrasquillo v. City of New York, 2008 NY Slip Op 28400 [22 Misc 3d 171], Supreme Court Kings County, Oct. 14, 2008; or

  • exclude the introduction of the evidence at trial.

See also Haig, Commercial Litigation in New York State Courts § 36:6 [3 West’s NY Prac Series 2d ed].