Hon. Genine Edwards: Part 80

360 Adams Street
Brooklyn, NY 11201

Courtroom Room Number: 775
Courtroom Telephone Number: (347) 401-9799

Chambers Room Number: 370
Chamber Telephone Number: (347) 401-9764
Chambers Fax Number: (212) 295-4894

Principal Law Clerk: Renee Williams, Esq.
Assistant Law Clerk: Ahmed Toure, Esq.
Part Clerk: Theresa Foley


 

CIVIL TERM - PART 80 AND ADR-MM

COURT RULES DURING COVID

All matters must be converted to e-filing.

Motions on the oral argument calendar will be scheduled via email once all papers have been e-filed. If your case is not on e-file your motion will be adjourned.

For Maimonides cases, if you have not had a preliminary conference or a compliance conference, after conferring with all parties, upload a Preliminary Conference Order or Compliance Conference Order for execution.

No party shall file a note of issue until the note of issue conference has been held.

All Maimonides conferences previously scheduled by Justice Spodek will appear before Justice Edwards.

If not already scheduled, alternative dispute resolution conferences will be held after depositions are completed.

If you have queries, contact Renee Williams or Ahmed Toure at Williamr@nycourts.gov or atoure@nycourts.gov, respectively.

CALENDARS

Medical Malpractice Alternative Dispute Resolution (“ADR-MM”) Calendar: The parties shall submit a one-page memorandum regarding their position on the case and a verdict search at least one week before appearing. Contact Renee Williams (williamr@nycourts.gov) or Ahmed Toure (atoure@nycourts.gov) for a template of the one-page memorandum. Attorneys MUST appear with their clients/insurance adjuster.

Conference Calendar: There will be two calls of the calendar for conferences, which will commence promptly at 9:45 A.M. and 10:30 A.M. All parties must appear unless the Court was notified in advance that the matter was settled, discontinued, dismissed, or otherwise disposed of. Attorneys should be prepared to settle the matter. Attorneys MUST be present at the call of the calendar.

General Motion Calendar: Motions will be heard every Friday (except holidays) in Courtroom 366, at 360 Adams Street, Brooklyn, New York. The first call of the calendar is at 9:45 A.M. The second call of the calendar is at 10:30 A.M. Attorneys MUST be present at the call of the calendar.

Oral Argument Motion Calendar: Motions on the oral argument calendar are those motions, orders to show cause, and cross-motions that were adjourned from the general motion calendar and placed on the oral argument calendar. The motions require appearances and oral argument. The calendar is heard every Friday (except holidays) in Courtroom 366. First call is at 9:45 A.M. Second call is at 10:30 A.M. Attorneys MUST be present at the call of the calendar.
 
Maimonides/MMESP Calendar: Preliminary Conference (“PC”) and Compliance Conference (“CC”) orders shall be resolved on consent and then e-filed for the Court’s approval. The proposed PC and CC orders should be e-filed at least one day prior to your scheduled return date.

All parties that cannot submit a proposed order on consent, shall request a conference via e-mail and wait to be notified.

The Court may "so order" a stipulation extending the note of issue, on an MMESP case only. The proposed stipulation must be faxed to chambers, including, but not limited to, the following information: the reason for the extension, which shall constitute good cause; the dates of the preliminary conference order and all compliance conference orders; a description of any disclosure that remains to be completed; and a date for completion of each item.

The Court will not “so order” a stipulation to extend the note of issue on a Part 80 case. Any requests for extension of a note of issue for a Part 80 case must be made to the Central Compliance Part.

ADJOURNMENTS

General Motion Calendar: Motions on this calendar may be adjourned, on consent, by Stipulation of Adjournment e-filed or faxed to Chambers at (212) 295-4894. If the parties do not consent, the motion will be adjourned to the oral argument calendar if all papers are submitted or to the regular calendar if papers are outstanding.

Oral Argument Calendar: Motions on this calendar will NOT be adjourned, except upon good cause shown to the Court.

Disclosure-related Motions: Disclosure motions will not be entertained or adjourned. They will be referred to the Preliminary Conference Part or to the Central Compliance Part.

Maimonides/MMESP Calendar: Motions on this calendar may be adjourned, on consent, by Stipulation of Adjournment e-filed or faxed to Chambers at (212) 295-4894.

APPEARANCES

Appearances must be made by attorneys with knowledge of the case and the pending motion.

DEFAULTS

Pursuant to Uniform Rule ' 202.27, the Court has discretion in addressing a calendar default. Thus, an action may be dismissed, or judgment entered for the failure of a party to appear for a conference or hearing, or a motion marked off if the movant fails to appear on the return date.
 
Similarly, a motion, if appropriately supported, will likely be granted upon the failure of the non-moving party to appear. The Part Clerk will mark the motion “SUBMITTED” and the movant will submit a proposed order to the Part Clerk.

Counsel is advised that if a motion has been marked ready and no one appears to argue the motion when it is called to be heard, a default may be taken against the party who answered "ready" and then failed to appear.

MOTION PAPERS

Attorney Affirmations and Memoranda of Law in support of or in opposition to a motion shall be double-spaced and limited to 25 pages with a font no smaller than 12. Expert Affirmations/Affidavits are exempt from a page restriction.

Expert Affirmations/Affidavits must be tabbed and placed as the FIRST exhibit following the Attorney Affirmation.

All other exhibits including medical records and deposition transcripts shall be efiled or submitted digitally as a searchable PDF.

All exhibits shall immediately be preceded by an exhibit tab that protrudes from the stack of papers.

Cases referred to in an Attorney Affirmation or Memoranda of Law shall have citations.

Papers are to be securely fastened to prevent them from separating from each other and becoming lost.

Courtesy copies of all E-FILED motion papers, opposition papers, reply papers, and proposed orders shall be submitted to MOTION SUPPORT at least ONE WEEK prior to the return date of the motion. All such papers must be clearly marked “Courtesy Copy” with the “Motion Sequence Number” stated on the top right-hand side of the first page.

Parties are encouraged to resolve motions and to present consent orders for signature.

Proposed short-form orders submitted to the Court for signature SHALL be legible with no words crossed out.

Failure to comply with the requirements of this section may result in the rejection of the offending submission.


TRIALS

All parties shall be present by 9:30 A.M. unless otherwise scheduled with the Court.
 
Bill of Particulars/Marked Pleadings: Prior to trial, counsel shall furnish to the Court the Bill of Particulars, and the marked pleadings pursuant to CPLR ' 4012.

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 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.

Objections: Counsel shall rise when making objections or addressing the Court. In making objections, counsel should initially state the broad ground for the objection, e.g. leading, relevance. If the basis of the objection is not clear, the Court will request further elaboration or argument, which will be conducted at a sidebar conference. Arguments before the jury, either as to objections or the Court rulings, will not be permitted.

Witnesses: Prior to trial, Counsel shall provide to the Court a list of potential witnesses and addresses (professional witnesses must provide business addresses) in order in which they intend to call them at trial, including expert witnesses, their expertise, and a summary of expected trial testimony, and any interpreters needed.

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. If any part of a deposition is to be read into evidence (as distinguished from mere use on cross-examination) you must, well in advance, provide the Court and your adversary with the page and line number of all such testimony so that all objections can be addressed prior to use before the jury.

Proposed Jury Charges and Verdict Sheets: All proposed jury charges and proposed verdict sheets shall be submitted to the Court in typed form no later than the close of plaintiff's case. Additionally, proposed jury charges and the proposed verdict sheet shall be emailed to the Court (williamr@nycourts.gov) in editable text format such as WordPerfect or MS Word (.doc) format.

SUMMARY JURY TRIALS

If needed, evidentiary hearings will be held on the morning of Jury Selection.

Proposed Verdicts Sheets and Jury Charges are due at 9:30 A.M. on the morning of Jury Selection.
 
INFANT COMPROMISE ORDERS

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

Hearings will be scheduled by the Court. Any adjournments must be obtained through Chambers.

Infant Compromise petitions must comply with CPLR § 1208. If any portion of the settlement is structured, the cost of the annuity must be stated in the order. The attorney affirmation must account for all defendants named in the caption and indicate dismissals, discontinuances, or defaults in appearances. The infant’s medical reports, a physician affirmation, and an affirmation of no liens are required with the submissions.

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.

The Court’s signature line must not appear on a page with no writing.

STIPULATIONS OF DISCONTINUANCE

If an action is settled, discontinued, or otherwise disposed of, counsel shall immediately inform the Court by submission of a copy of the stipulation or a letter directed to Chambers.

All Stipulations of Discontinuance shall be paid for in the County Clerk’s office and filed in Motion Support.

INQUIRIES

All inquiries as to a pending case or calendar status shall, in the first instance, be made to the PART CLERK, Room 775, Telephone (347) 401-9799. Chambers staff is not permitted to provide guidance or advice to attorneys or litigants.

NO EX-PARTE COMMUNICATIONS WILL BE ENTERTAINED.