Hon. Rosemarie Montalbano: Part 19, 7 and 22 Rules

Law Clerk: Javier Ortiz, Esq.
Secretary: Sylvia Rodriguez
Court Clerk: Marc Levine

360 Adams Street
Brooklyn, NY 11201
Courtroom: 456
Chambers Room: 467
Courtroom Telephone:    (347) 401-9477
Chambers Telephone:    (347) 296-1614


All attorneys must be present in the courtroom for the calendar call. Any party failing to answer the second call of the calendar will have his motion marked off if they are the movant, or a default entered if they are the opposing party.

First Call is at 10:00 am.

Second Call is at 10:30 am.


All inquiries regarding scheduling, entry of orders, case or calendar status, a trial should, in the first instance, be made to the part clerk, Room 456, (347) 401-9477. Do not call chambers to ask a substantive and/or procedural legal question or request information on a case. 

Ex-parte communications are strictly prohibited.


Motions are heard every Friday.  Oral argument is required on all motions. Copies of major cases cited in motion papers should be presented to the Court at the time of argument.

Motion papers, answering affidavits, and reply affidavits must be served in accordance with CPLR 2214 unless otherwise stipulated or ordered. All motion papers must be filed with the Motion Support Office, Room 227, 360 Adams Street or electronically filed. 

Courtesy copies are required for all electronically files motions and answering papers. Courtesy copies will not be accepted by chambers staff. 

Calls regarding the motion calendar should be directed to the courtroom, not chambers.


After the first adjournment, consent of the Court is required. Parties must appear at the calendar call and make any further applications in person. Adjournments may not be requested by phone, fax or email. Do not submit stipulations of adjournment to chambers.

A stipulation of adjournment may be filed electronically or in the Motion Support Office (Room 227) prior to the first appearance. The stipulation must be signed by all parties. Hard copies of the stipulation must be submitted to Motion Support or to the part at least three (3) business days prior to the first appearance. Otherwise, one party must appear at the calendar call with the signed stipulation. Stipulations of adjournment will not be accepted by facsimile. Stipulations of adjournment must include and/or be accompanied by a briefing schedule. All answering papers must be submitted at least five (5) business days prior to the return date.


Pursuant to Uniform Rule § 202.27, the Court has discretion in addressing a calendar default. When appropriate, among other possible sanctions, an action might be dismissed, or judgment entered, for the failure of a party to appear on the return date. Further, a motion might be denied upon the failure of a movant to appear on the return date. Vacatur of the Court’s order would then require both a reasonable excuse for the nonappearance and a showing of merit.

Defaults may be entered at the second calendar call at 10:30 am.


In-camera inspections and infant compromises 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 the in-camera documents is required for review. Any documents that are not paginated will be returned for resubmission.


Petitions for compromise orders must be filed through Motion Support or through Special Term Part 72.

Hearings will be scheduled by the Court upon submission of all required documents. Any adjournments must be obtained through chambers. All parties must appear for a hearing unless their appearance was otherwise waived.

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. Further, the affirmation must include a detailed description of the accident and liability issues. The infant’s medical reports, a physician affirmation, a settlement letter which includes waiver of appearance, an accident report (police report, school accident report…) and an affirmation of no liens are required with the submissions. If any portion of the settlement is structured, the cost of the annuity must be stated in the order. If the infant is fourteen (14) years or older, an affidavit of consent from the infant must be included in the petition and filed with the Court.

Supplemental submissions will not be accepted by facsimile. Any supplemental submissions can be submitted by mail or to the part.

If a compromise order was signed as to a previously settling defendant, such order must be attached as an exhibit and the partial settlement so stated in the attorney affirmation in support of the final compromise order.

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.


Courtesy copies of all electronically filed papers are required. Please submit a courtesy copy of all papers to the Motion Support Office at least five (5) business days prior to the appearance date. Failure to provide a courtesy copy may result in the matter being adjourned.

Please note that reference to electronically filed papers is not permitted. Where pleadings, prior applications or prior decisions and orders are required to be annexed to the motion, reference to the electronically filed papers alone is insufficient. All necessary documents shall be annexed (see CPLR 2214 (c)).


All parties must be present in court by 9:30 a.m. unless otherwise scheduled by the Court. Parties must submit to the court proposed PJI’s and Verdict Sheets in typed form prior to or on the day trial commences. No exceptions.

Please provide business cards for the Judge and court reporter.

Marked Pleadings and Bill of Particulars. 
Prior to trial, counsel shall 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.

Counsel shall pre-mark all exhibits in the order 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 court reporter who will officially mark them before trial.

Prior to trial, counsel shall provide to the Court 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.

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.

A copy of depositions intended to be used at trial shall be furnished to the Court at the commencement of the trial.


At the time of the inquest, plaintiff shall provide the Court with a copy of marked pleadings and a copy of the default judgment.

Certified medical records or testimony of a physician is required to prove damages.


All subpoenas must be reviewed by Subpoenaed Records in Room 648. Subpoenaed records for trial must be sent to “New York State Supreme Court, Kings County, Subpoenaed Records, 360 Adams Street, Brooklyn, New York 11201.” Trial authorizations should be filled out accordingly. It is the responsibility of the attorneys to ensure that the subpoenaed records have arrived in the records room before trial.