Hon. Derefim B. Neckles: IAS Part 43 & Foreclosure Part FRP-2

Principal Court Attorney: TBA
Assistant Law Clerk: TBA
Part Clerk: Kimberly Jackman - Ksccvfrp2@nycourts.gov

360 Adams Street
Brooklyn, New York 11201

Courtroom No.: 525
Courtroom Telephone No.: 347-296-1656

Chambers Room No.: 376
Chambers Telephone No.: 347-401-1533

Updated: March 5, 2024


All motion calendar calls and trials require an IN-PERSON appearance unless ordered otherwise.

Motions

  • Motions are heard in person, on Tuesdays in Part FRP-2 in Courtroom 525.
  • There will be two calendar calls. The first call is at 9:45 a.m. The second call is at 10:45 a.m.
  • Motions made returnable at any other time, absent prior permission of the Court, will be adjourned to the next available motion day.
  • Adjournment requests will not be granted by email or telephone. A stipulation of adjournment signed by all parties, may be filed at least two (2) business days prior to the first request adjournment. Motions may also be adjourned by stipulation on the first return date. After the second adjournment, consent of the Court is required.
  • Stipulations must account for all parties named in the caption. If a named party in the caption is excluded, the reason for the exclusion should be stated in the stipulation.
  • On all other motions, parties must be present and ready for argument, with knowledge of the case and the motion. Oral argument is required on all ready cases.
  • If the non-moving party does not appear, the motion will be granted on default. Parties who have answered “ready” at the calendar call must remain in the courtroom. If you must leave the courtroom for any reason, you must inform the Part Clerk and leave a number where you can be reached. Parties are encouraged to work out discovery motions in a short form order.
  • Parties shall bring hard copies of their papers, without exhibits, except for those exhibits that are considered instrumental to the motion, on the motion return date.
  • Movant must bring a hard copy of a Proposed Order on the motion return date.
  • Foreclosure motions must include a copy of a proposed order resembling the sample orders promulgated by the Chief Administrative Judge of the Courts, if applicable. Motions without such order may be denied for failing to comply with this rule. Sample orders can be found on the website listed below:

Trials

  • Conference: The Court will conference every case when it is assigned for Trial. Prior to trial, counsel is required to serve and submit the following:
    1. Marked Pleadings and Bill of Particulars: At the initial conference, or soon thereafter, counsel must furnish the Court marked pleadings and a copy of the Bill of Particulars.
    2. Motions in Limine: Any potential evidentiary questions 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.
    3. 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 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 Part Clerk will officially mark the exhibits before trial. Attorneys must ensure that all subpoenaed records are in the Subpoenaed Record Room and must notify the Part Clerk of any requests for so ordered subpoenas.
    4. Witnesses: Prior to trial, counsel shall provide 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 a summary of expected trial testimony.
    5. Interpreter: Prior to the trial, counsel shall inform the Court if there is a need for an interpreter.
    6. Depositions: A copy of depositions intended to be used at trial shall be furnished to the Court at the commencement of the trial.
    7. Requests to Charge and Verdict Sheets: Prior to trial, counsel shall provide the Court proposed jury charges and proposed verdict sheets in typed form, which may be adjusted if necessary.

Withdrawals/Resolution of a Motion 

  • Any party wishing to withdraw a motion must notify the Court by filing a notice of withdrawal in the NYSCEF system and emailing a courtesy copy to the Court to Ksccvfrp2@nycourts.gov at least two (2) business days before the motion calendar date.
  • If the parties have resolved a motion or a case has been settled, the parties must either e-file or submit to the County Clerk a fully executed stipulation of settlement or a stipulation of discontinuance and email a copy to the Part at least two (2) days prior to the return date (if a motion is pending).
  • Any Stipulation of Settlement with a Pro se/self-represented defendant must be “So Ordered” by the Court.

Infant Compromise 

  • Petitions for infant compromise orders must be filed electronically or through Motion support if the action is not e-filed. 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 by chambers. Request for interpreter services must be made prior to the hearing date.
  • Infant Compromise petitions must comply with CPLR section 1208 and 22 NYCRR 202.67. The attorney affirmation must account for all defendants named in the caption and indicate any dismissals, discontinuances, or defaults in appearances. The affirmation must include a detailed description of the incident and an adequate statement regarding any liability issues. The submission must include the infant’s medical reports, physician affirmation that is prepared within six months of the application, a settlement letter that includes a waiver of appearance, and an affirmation of no liens. If any portion of the settlement is structured, the cost of the annuity must be stated in the order. 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 as to a 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.
  • A hard copy is required for e-filed petitions. All submissions must be separated by exhibit tabs.

Subpoenas

  • All subpoenas must be approved by the Subpoena Records Room, located on the 6th Floor, after which the approved subpoena shall be dropped off in courtroom 525, for signature. Subpoenas will not be accepted electronically.

Short Form Order

Short Form Order
Order Page 2

Communication

  • Any communication to the Court must be on notice to your adversary as the Court will not engage in ex-parte communication.
  • All inquiries as to case or calendar status should be made to the Part Clerk at Ksccvfrp2@nycourts.gov or (347) 296-1656. If you are unable to reach the Part Clerk, please contact the Motion Support Office at (347) 401-9249 or Chambers at (347) 401-1533.

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