Insights
New York’s AVOID Act Imposes 90-Day Deadline for Third-Party Claims
April 21, 2026
Julia Audibert is a member of Wilson Elser’s national Appellate practice, where she serves as a key resource for briefing and arguing appeals across a wide range of substantive legal areas. Julia plays an integral role in shaping case strategy from the pre-trial stage through trial, often assisting with drafting complex motions and preserving issues for appeal. She handles matters in all New York appellate divisions, the New Jersey appellate courts, and the Second Circuit Court of Appeals.
Prior to joining Wilson Elser, Julia worked at a metropolitan New York litigation defense firm. Previously, she was a judicial law clerk for the Honorable Daniel Roberts of the Superior Court of New Jersey, Union County, in the Criminal and Family Divisions. During law school, Julia gained valuable insight into criminal and civil law matters and court procedures through internships at the Office of the New York State Attorney General, the Center for Children’s Advocacy in Hartford, Connecticut, the Connecticut Office of the Attorney General, and the Connecticut Public Defender’s Office.
General Liability & Labor Law
Julia has successfully managed a high-volume caseload of general liability and labor law matters, providing her with a comprehensive understanding of litigation from inception through resolution. This hands-on experience informs her appellate work and strengthens her ability to identify and mitigate issues before they arise on appeal.
The Honorable Daniel Roberts of the New Jersey Superior Court, Union County, Criminal and Family Division
New York Women's Bar Association, Litigation Committee Cochair
Chris Peticca (Associate-White Plains, NY) defended a hospital in a case in which the plaintiff pled that the our client’s conduct was “careless” and “reckless,” and negligent. In conferences and, ultimately, by motion submitted on the court’s invitation, Chris convinced Judge Frishman (Bronx County) to strike the “careless” and “reckless” language from the pleadings. The plaintiff appealed. On the appeal handled by Julia Audibert (Associate-New York, NY) and Judy Selmeci (Partner-New York, NY), the plaintiff challenged the timeliness of the motion and argued that the possibility of punitive damages lingers, including pursuant to Pub. H. Law 2801-d. We pointed out in response that none of that is right, arguing that the motion was made when the judge invited the defendant to submit it, so it was entirely within the court’s discretion to entertain the motion. In addition, Julia and Judy argued, the defendant is not a residential health care facility, so PHL 2801-d is not applicable. In addition, the plaintiff had not pled any facts to support a punitive claim and there could be no dispute that the language was prejudicial, and an order striking prejudicial language from pleadings is not appealable and the plaintiff had not sought leave to appeal. The First Department agreed that the order was not appealable but sua sponte granted the plaintiff leave to appeal – only to then agree with all of our other points and affirm.
Christopher J. Peticca, Julia Audibert and Judy C. Selmeci