Principal Law Clerk: Christine G. Ortiz, Esq.
Assistant Law Clerk: Marguerite Betesh, Esq.
Part Clerk: Tanisha LaCruise
360 Adams Street
Brooklyn, New York 11201
Courtroom Telephone No: 347-401-9477
Chambers Telephone No.: 347-401-9285
AN IN-PERSON APPEARANCE IS REQUIRED ON ALL MOTIONS EXCEPT WHERE:
- PARTIES HAVE RESOLVED A MOTION ON CONSENT, SIGNED BY ALL, AND UPLOADED A PROPOSED ORDER VIA NYSCEF AT LEAST THREE BUSINESS DAYS PRIOR TO THE RETURN DATE; AND
- THE MOVANT GETS CONFIRMATION FROM THE PART CLERK THAT THEY DO NOT HAVE TO APPEAR.
ADJOURNMENT REQUESTS ARE ONLY GRANTED:
- ON CONSENT OF ALL PARTIES BY NYSCEF FILING, AT LEAST 3 BUSINESS DAYS PRIOR TO THE INTIAL RETURN DATE.
- ONLY IF THE MOTION HAS NEVER BEEN ADJOURNED BEFORE.
DO NOT CALL OR EMAIL THE COURT FOR AN ADJOURNMENT.
All discovery matters are handled in the City Discovery Part (CDP).
City Discovery Part: (347) 401-9264.
MOTIONS
In person oral argument is required, where parties cannot resolve a motion on consent.
All Counsel/Litigants must be prepared with knowledge of the motion(s) / case and be ready for oral argument. Please note, due to COVID protocol and to maintain safe distancing in the courtroom, oral argument will be scheduled as follow:
10:00 AM Call: Cases beginning with a number or letters A-M.
11:00 AM Call: Cases beginning with letters N-Z.
There will not be a second call. Motions may be decided on default if there is a failure to file papers and appear, a failure to submit a consent order, or a failure to obtain an adjournment.
Hard copies are not required, except affidavits of service on Orders to Show Cause. Parties may choose to bring specific exhibits or affidavits in hard copy for the Court. Although this Court reads all motion papers in advance of the return date, it may become necessary to refer to a specific exhibit and the bench is not always equipped with a computer.
Adjournment requests are not granted by email or telephone. After the first adjournment, an IN-PERSON appearance to obtain consent of the Court is required. A ‘first time on’ motion may be adjourned to a Wednesday, no more than 6 weeks from the return date. The date may be changed by the Court. A stipulation of adjournment shall be filed, signed by all parties, at least three (3) business days prior to the scheduled first appearance and contain a briefing schedule. Opposition papers are due 2 weeks prior to the return date set by the Court and Reply papers (if any) are due at least one week before the return date set by the Court. The Court may change the return date upon receipt of the stipulation, so please check eCourts.
Resolution of a motion - The parties may also resolve motions by e-filing a consent proposed order on the appropriate court form (see hyperlinked forms below) at least three (3) business days prior to the scheduled appearance. If the matter is not settled or resolved via fully executed stipulation with confirmation from the Court that it is being accepted, the parties are to appear in person. If the Court accepts the uploaded stipulation or adjournment, it will be reflected in eCourts.
If a motion or an action is settled, the parties shall notify the Court immediately by uploading either a stipulation of settlement, a stipulation of discontinuance, or a letter by the movant indicating that the motion is withdrawn. Indicate if the action is partially settled or discontinued by individually naming the settling parties. Parties must continue to electronically file discontinuances, with the appropriate fee.
The time for filing summary judgment motions after the Note of Issue is pursuant to the Kings County Supreme Court Uniform Civil Term Rules.
This Court will not engage in ex-parte communication. All communication to the Court must be on notice to your adversary.
FORMS FOR MOTIONS
Short Form Order
Order Page 2
Consolidation Order
Joint Trial Order
Order Changing Venue
Default Judgment Order
SUBPOENAS
All subpoenas shall be approved by the subpoenaed records room located on the 6th floor, after which the approved subpoena shall be dropped off in the basket outside courtroom 456 for signature. Subpoenas will not be accepted electronically.
INFANT COMPROMISE ORDERS
Petitions for infant compromise orders must be filed through NYSCEF, together with a Stipulation of Discontinuance. Any supplemental submissions must be uploaded through NYSCEF as well. Hearings will be scheduled by chambers staff upon submission of all required documents. All parties must appear for a hearing unless their appearance was otherwise waived in writing.
Infant Compromise petitions must comply with CPLR §1208 and 22 NYCRR 202.67. The attorney affirmation must account for all defendants named in the caption and indicate dismissals, discontinuances, or defaults in appearances. The affirmation must include a detailed description of the incident and liability issues. Further, the submission shall include the infant’s medical reports, a physician affirmation, a settlement letter, an incident report (i.e., police report, school accident report…) and an affirmation of no liens.
If any portion of the settlement is structured, the cost of the annuity must be stated in the papers. An affidavit of consent from an infant fourteen (14) years or older must be included in the petition and filed with the Court.
If a compromise order was previously signed in the action, such order must be attached as an exhibit. Amendments to compromise orders must include a copy of the original compromise order and an attorney affirmation detailing the proposed amendment and the reason for it, in addition to any other necessary papers.
All submissions must be separated by exhibit tabs.
FORMS FOR INFANT COMPROMISE PETITIONS - The Infant Compromise Order forms are provided for guidance purposes only.
Infant Compromise Order
Structured Infant Compromise Order With Bank Deposit
Structured Infant Compromise Order Without Bank Deposit
IN-CAMERA INSPECTIONS
In-camera inspections will be scheduled by Chambers Staff. Prior to an in-camera inspection, parties must submit a detailed privilege log, pursuant to CPLR § 3122 (b).
Pagination of in-camera documents is required for review. Any documents that are not paginated will be returned for resubmission.
TRIALS
Once a trial is assigned to Part 18 and prior to trial, counsel are required to serve and submit the following:
Marked Pleadings and Bill of Particulars. Furnish to the Court marked pleadings and a copy of the Bill of Particulars pursuant to CPLR § 4012 and the Uniform Rules for Civil Supreme Court § 202.35.
Exhibits. Counsel may pre-mark all exhibits in the order in which they intend to introduce them at trial. A list of the exhibits shall also be provided to the Court prior to trial. Plaintiffs will number their exhibits and defendants will letter their exhibits. On the day of trial, the exhibits and the list will be given to the Part Clerk who will officially mark them before trial. It is the responsibility of the attorneys to ensure that subpoenaed records have arrived in the Subpoenaed Record Room.
Witness list. Provide a list of potential witnesses in the order in which they intend to call them at trial, including expert witnesses, their expertise, and summary of expected trial testimony.
Requests to Charge. Provide proposed requests to charge, which may be adjusted if necessary.
Depositions. A copy of depositions intended to be used at trial.
Motions in Limine. Any potential evidentiary question or procedural or substantive law matter not previously adjudicated shall be brought to the Court’s attention and addressed prior to trial by way of a written or oral motion in limine. A written memorandum of law with citations to the Official Reports is required. Citations and copies of relevant court decisions and statutes should be furnished to the Court prior to commencement of plaintiff's case and when otherwise requested by the Court.
Trials are scheduled to proceed day by day until completed.
PART REMINDERS
This Court will not engage in ex part communications and will not entertain discovery rulings. Formal application (OSC/motion) is required for judicial intervention, except as indicated above.