Provisions

Individual rule provisions extracted from part rules documents

Data license: Government edicts — not subject to copyright · Data source: nycourts.gov

10 rows where county = "New York" and doc_id = 79

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  • New York · 10 ✖
provision_id ▼ doc_id judge_id rule_number title text source_page topics cross_references judicial_district county court_type doc_type
NY-SC-1JD-LANTRY-001 Part 46 Rules – Hon. Brendan T. Lantry, J.S.C. 79 NY-SC-1JD-LANTRY I Contact Information Part Clerk: Bing Zhao (sfc-part46-clerk@nycourts.gov). Part 46 E-mail: (sfc-part46@nycourts.gov). Principal Law Clerk: Lindsey DeMaria, Esq. (ldemaria@nycourts.gov). Assistant Law Clerk: Jacob Naim, Esq. (jnaim@nycourts.gov). Courtroom: (646) 386-3279.   ["part-rules"] [] 1 New York supreme part_rules
NY-SC-1JD-LANTRY-002 Part 46 Rules – Hon. Brendan T. Lantry, J.S.C. 79 NY-SC-1JD-LANTRY II Correspondence with the Court Ex parte communications are strictly prohibited. Do not contact the Court via e-mail, telephone, or any other means of communication unless all parties participate in the communication. All correspondence directed to the Part Clerk shall be copied to all other attorneys or unrepresented parties in the action. No attorney or unrepresented party shall discuss the merits of their case via e-mail or telephone with the Part Clerk. Do not upload correspondence or other documentation to NYSCEF with the intention of receiving a response from the Court. No party represented by an attorney shall contact the Court, unless expressly directed to do so by the Court.   ["communication-preferences", "part-rules"] [] 1 New York supreme part_rules
NY-SC-1JD-LANTRY-003 Part 46 Rules – Hon. Brendan T. Lantry, J.S.C. 79 NY-SC-1JD-LANTRY III Discovery/Conferences All conferences will be held on Wednesdays beginning at 9:30 a.m. Preliminary Conferences: Physical or virtual appearances are not required, unless expressly told to appear by the Court. The Part Clerk will circulate a blank PCO form via e-mail in advance. Parties must submit a proposed PCO via email to the Part Clerk, in lieu of an appearance, no later than 3:00 p.m. the day prior. Failure to submit by the deadline will require an in-person appearance. Only reasonable dates for holding any depositions or responding to discovery demands will be permitted. The proposed PCO must leave blank the spaces for the Compliance Conference date and Note of Issue filing deadline. Compliance Conferences: Physical or virtual appearances are not required, unless expressly told to appear. Parties must submit a proposed CCO via email to the Part Clerk no later than 3:00 p.m. the day prior. Status Conferences: In-person appearances are required. The parties are required to confer prior to the scheduled conference date regarding any outstanding discovery matters. At any time during the litigation, the parties have leave to contact the Court with a request for a conference. Counsel attending the conferences are expected to be familiar with the case and have authority to discuss and stipulate to resolve all disclosure issues. Strict compliance with all discovery orders is required per Kihl v. Pfeffer, 94 N.Y.2d 118 (1999). Unexcused failure to comply with deadlines may result in costs, conditional orders, or penalties. Upon a party's second failure to appear for a conference, the case may be dismissed or non-appearing party's pleading stricken.   ["preliminary-conference", "compliance-conference", "discovery-scheduling", "conference-procedures", "depositions", "note-of-issue"] ["Kihl v. Pfeffer, 94 N.Y.2d 118 (1999)", "CPLR \u00a7 3126", "CPLR \u00a7 5015"] 1 New York supreme part_rules
NY-SC-1JD-LANTRY-004 Part 46 Rules – Hon. Brendan T. Lantry, J.S.C. 79 NY-SC-1JD-LANTRY IV Motions Part 46 is a paperless part. Do not file working copies of motion papers unless expressly directed by the Court. All movants must make certain that an affidavit of service is filed via NYSCEF; without a proper affidavit of service, relief will be denied. Discovery motions: The parties may not file a motion relating to discovery without compliance with 22 NYCRR §§ 202.7 and 202.20-f. In addition, the parties must request a conference with the Court prior to filing a motion pertaining to discovery. If leave to make a discovery-related motion was granted, the affirmation of good faith shall state precisely when and by whom it was granted leave to file the motion. Summary Judgment motions: All summary judgment motions must be made no later than 60 days after filing the Note of Issue. There are no exceptions without leave of Court. Discovery must continue during the pendency of a summary judgment motion, unless good cause is shown for a stay. Orders to Show Cause: Motions shall be brought on by order to show cause only when there is genuine urgency, a stay is required, or a statute mandates so proceeding. If a party seeks a temporary restraint, they MUST provide proof that their adversary was notified about the application. No reply papers shall be submitted on orders to show cause without advance permission. Letter motions are prohibited and will not be considered.   ["discovery-disputes", "summary-judgment", "note-of-issue", "e-filing", "hearing-procedures"] ["22 NYCRR \u00a7 202.7", "22 NYCRR \u00a7 202.20-f", "22 NYCRR 202.8-d"] 1 New York supreme part_rules
NY-SC-1JD-LANTRY-005 Part 46 Rules – Hon. Brendan T. Lantry, J.S.C. 79 NY-SC-1JD-LANTRY V Oral Arguments Oral arguments will be held on Wednesdays beginning at 9:30 a.m. In-person appearances are required for oral arguments. If oral argument is requested, the requesting party should include 'Oral Argument Requested' next to the caption in the moving/opposing papers. Notwithstanding the above, motions will be scheduled for oral argument only at Justice Lantry's discretion. The Part Clerk will contact the parties to schedule oral arguments. Failure to appear for scheduled oral argument may result in denial of the motion or a default judgment.   ["hearing-procedures", "courtroom-procedures"] [] 1 New York supreme part_rules
NY-SC-1JD-LANTRY-006 Part 46 Rules – Hon. Brendan T. Lantry, J.S.C. 79 NY-SC-1JD-LANTRY VI Adjournments/Scheduling A request for an adjournment of a conference or motion appearance must be made at least 48 hours in advance, absent exigent circumstances, and must indicate whether all parties consent to the adjournment. Any request to adjourn a conference or adjust a motion schedule must set forth a valid reason and must be so-ordered. Motion Adjournments: Adjournments of motions are to be addressed to the Motion Support Office unless the parties are seeking to adjourn more than 60 days after the original return date, in which case the stipulation will need to be so-ordered and filed on NYSCEF and e-mailed to the Part Clerk. Disputes in Adjournment Requests: If a dispute arises, the requesting party is to e-mail the Part Clerk with all parties copied. Unless the Court instructs otherwise, counsel must appear on the scheduled date to make an oral application for the adjournment.   ["adjournments", "scheduling-orders"] [] 1 New York supreme part_rules
NY-SC-1JD-LANTRY-007 Part 46 Rules – Hon. Brendan T. Lantry, J.S.C. 79 NY-SC-1JD-LANTRY VII Trials Pre-Trial Conference: Upon assignment to Part 46 for trial, the Court will schedule a pre-trial conference as soon as practicable. At the pre-trial conference, attorneys must be knowledgeable of the case and must have authority to enter binding stipulations. The parties shall alert the Court of settlement discussions, a proposed trial schedule and witness list, necessary court-ordered subpoenas, evidentiary issues, need for an interpreter, and any other special needs. Trial Scheduling: During trial, all attorneys must be present in the courtroom by 9:15 a.m. Morning session runs 9:30 a.m. to approximately 12:55 p.m., afternoon session 2:15 p.m. to approximately 4:40 p.m. Exhibits: Counsel shall pre-mark all exhibits; plaintiffs number, defendants letter. Objections and Arguments: Speaking objections are not permitted in the presence of the jury. Certifying Experts: The Court does not certify witnesses as experts. Jury Charges: Parties shall submit proposed preliminary jury charges, proposed verdict sheets and final jury charges with PJI citations, no later than 24 hours before the commencement of trial. Exhibits Post-Trial: Counsel must retrieve their trial exhibits within 7 days of the trial's conclusion. Any exhibit left with the Court for more than 14 days is subject to destruction.   ["trial-procedures", "pre-trial-conference", "exhibits", "trial-settings", "courtroom-procedures"] ["CPLR \u00a7 3126", "Part 130"] 1 New York supreme part_rules
NY-SC-1JD-LANTRY-008 Part 46 Rules – Hon. Brendan T. Lantry, J.S.C. 79 NY-SC-1JD-LANTRY VIII Items to be So-Ordered Proposed so-ordered stipulations, subpoenas, transcripts, orders, judgments, and any other documents requesting the Justice's signature shall be uploaded to NYSCEF. The parties shall promptly notify the Part Clerk of such filing and request that same be so-ordered.   ["e-filing", "case-management"] [] 1 New York supreme part_rules
NY-SC-1JD-LANTRY-009 Part 46 Rules – Hon. Brendan T. Lantry, J.S.C. 79 NY-SC-1JD-LANTRY IX Death of a Party If an attorney learns that his or her client has passed away, the attorney shall forthwith notify the Part Clerk of the client's death and the date of death, if known, and upload the client's death certificate to NYSCEF when available. If an attorney learns that an adversary of his or her client has passed away and has yet to be informed of that fact by the adversary's attorney, that attorney shall forthwith notify his or her adversary's attorney and the Part Clerk thereof. Upon the death of a party, the action is automatically stayed by operation of law as of the date of death.   ["case-management", "part-rules"] [] 1 New York supreme part_rules
NY-SC-1JD-LANTRY-010 Part 46 Rules – Hon. Brendan T. Lantry, J.S.C. 79 NY-SC-1JD-LANTRY X Discontinued Actions/Withdrawn Motions The parties have an ongoing obligation to notify the Court if a motion has been withdrawn or if a matter has been settled, discontinued, stayed, or otherwise disposed. Notification should be made via email to the Part Clerk, with the appropriate stipulation filed via NYSCEF.   ["case-management", "communication-preferences"] [] 1 New York supreme part_rules

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CREATE TABLE provisions (
    provision_id TEXT PRIMARY KEY,
    doc_id INTEGER REFERENCES documents(doc_id),
    judge_id TEXT REFERENCES judges(judge_id),
    rule_number TEXT,
    title TEXT,
    text TEXT,
    source_page INTEGER,
    topics TEXT,
    cross_references TEXT,
    judicial_district INTEGER,
    county TEXT,
    court_type TEXT DEFAULT 'supreme',
    doc_type TEXT DEFAULT 'part_rules'
);