PART 95 – PRACTICES AND PROCEDURES
360 Adams Street
Brooklyn, New York 11201
Part Clerk/Courtroom Phone: (347) 401-9127
Chambers Phone: (347) 296-1458
Principal Law Clerk: Dejana M. Perrone, Esq.
Assistant Law Clerk: Kevin Toussaint, Esq.
Part Clerk: Talia Jacoby
PART RULES, effective December 1, 2021.
For commercial division cases, see the Commercial Part 12 rules.
Motions are heard every Thursday.
Oral argument upon request only. Appearances are virtual unless otherwise indicated.
Motion papers, answering affidavits, and reply affidavits must be served in accordance with CPLR 2214 unless otherwise stipulated or ordered.
A stipulation of adjournment may be filed, signed by all parties, at least three (3) business days prior to the first appearance. Stipulations of adjournment must be accompanied by a briefing stipulation. All answering papers must be submitted at least five (5) business days prior to the return date.
After the first adjournment, consent of the Court is required.
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. Further, a motion might be denied upon failure of a movant to appear. Vacatur of the Court’s order would then require both a reasonable excuse for the non-appearance and a showing of merit.
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 otherwise agreed with chambers.
Infant Compromise petitions must comply with CPLR 1208. 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 that includes a waiver of appearance, 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 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 an attorney affirmation detailing the proposed amendment and the reason for it, in addition to any other necessary papers.
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.
Exhibits. Counsel shall 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 court reporter who will officially mark them before trial.
Witnesses. 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.
Depositions. 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 are required to prove damages.