Hon. Saul Stein: DJMP and IAS Part 17 Rules

All appearances are in person in Courtroom 4.54 in 320 Jay Street.

Contact Information

Communication with chambers are not permitted unless all appearing parties participate. In addition, parties must consult the Part Rules before contacting chambers.

Part Clerk Jean-Bernard Surena: (347) 296-1237
Principal Law Clerk Jacob Zelmanovitz: jzelmano@nycourts.gov
Assistant Law Clerk Joseph Wahba: jwahba@nycourts.gov]
Default Judgement Motion Part: KSCCVDJMP@nycourts.gov
IAS Part 17: KSCCVPART17@nycourts.gov
Chambers: (347) 404-9584
Subpoenaed Records: (347) 296-1755

Updated: March 7, 2024

Default Judgement Motion Part (DJMP)

DJMP Motions

1. Unless otherwise advised, motions are heard every Tuesday in Courtroom 4.54.
2. The calendar call is at 10:00 am promptly.  There is no second call.
3. Parties must appear for the call.  Any party that misses the call risks having its motion denied for no appearance or granted on its default for the non-appearance, even if papers have been filed.  If, at the 10:00 am calendar call, a motion has been marked ready or for the second call, but 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.
4. All motion papers (including stipulations and proposed orders) must include a full caption naming all parties.
5. In all e-filed actions, motion papers may not incorporate previously filed documents by referring to their NYSCEF docket numbers.  Rather, motion papers filed must include the actual materials as new exhibits.
6. All affidavits of service and non-military affidavits must be attached to motions as separate exhibits with a separate label.
7. Non-military affidavits must be dated no earlier than thirty days prior to the service and filing of a motion for a default judgment.
8. Motion papers must be filed electronically through NYSCEF.  If the action does not participate in NYSCEF, motions papers are to be filed at the Motion Support Office, at 360 Adams Street, Room 227, with a copy emailed to KSCCVDJMP@nycourts.gov no later than 3 business days before the scheduled hearing date.
9. All counsel/litigants must be prepared for oral argument and have knowledge of the underlying case.

Orders

10. When directed to submit a proposed order, counsel must either do so in the courtroom after the calendar call, or to KSCCVDJMP@nycourts.gov by 5:00 pm that same day.
11. Proposed orders submitted by email should preferably be in MS Word format.
12. All proposed orders must include a full caption naming all parties to the action, the calendar number, and a list of all papers read on the motion pursuant to CPRL 2219 (a).
13. Failure to comply with these rules for the submission of orders may result in motions being adjourned or denied.
14. Counsel should endeavor to use the form of orders linked at the end of these rules for:
    1. Granting judgment and scheduling inquest;
    2. Granting judgment for a sum certain;
    3. Denial without prejudice;
    4. Adjournment to supplement motion papers;
    5. Other relief.

Inquests

15. All inquests are “in-person” and, unless otherwise posted, conducted in Courtroom 4.54 at 320 Jay Street on Tuesday afternoons at 2:15 pm promptly.  Please provide business cards for the court and court reporter at all inquests.
16. Counsel must notify the Part Clerk if a witness requires a language interpreter as soon as an inquest is scheduled so that timely arrangements can be made, and shall confirm the request with the Part Clerk 24 hours in advance of the scheduled date.
17. Failure to timely file the Note of Issue as directed by the Court will result in the complaint being dismissed.
18. All subpoenaed records, if any, are to be delivered to the subpoenaed records room at the courthouse.  Unless directed to do so, records are not to be forwarded to chambers.
19. Two business days before the inquest, parties are to confirm that each and every one of the subpoenaed records sought from each and every one of the subpoenaed parties have arrived at the subpoenaed records room at the courthouse, and then immediately notify the Part Clerk that the records will be needed for the inquest.
20. The court will accept attorney certification of government records if made pursuant to CPLR § 2105.
21. In all personal injury actions where plaintiff is seeking a monetary award at the time of inquest, plaintiff’s counsel must submit at least two (2) sustained jury verdicts, substantiating the amount that plaintiff seeks as a final judgment against defendant(s).  Sustained verdict reports should be uploaded to NYSCEF no later than one week before the scheduled Inquest date.

Adjournments of Inquests

22. Requests for adjournments must be emailed to KSCCVDJMP@nycourts.gov.  All appearing parties must be copied on such requests. The filing of a request or stipulation on NYSCEF will not suffice.
23. Second requests for adjournments will not be granted absent good cause.

IAS Part 17

Part 17 Motions

24. Unless otherwise advised, motions are heard every other Thursday in Courtroom 4.54.
25. The calendar call is at 10:00 am promptly.  There is no second call.
26. Parties must appear for the call.  Any party that misses the call risks having its motion denied for no appearance or granted on its default for the non-appearance, even if papers have been filed.  If, at the 10:00 am calendar call, a motion has been marked ready or for the second call, but 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.
27. All motion papers (including stipulations and proposed orders) must include a full caption naming all parties.
28. In all e-filed actions, motion papers may not incorporate previously filed documents by referring to their NYSCEF docket numbers.  Rather, motion papers must include such materials as new exhibits.
29. All affidavits of service must be attached to motions as separate exhibits with a separate label.
30. All motion papers must be filed electronically through NYSCEF.  If the action does not participate in NYSCEF, motions papers are to be filed at the Motion Support Office, at 360 Adams Street, Room 227 and a copy emailed to KSCCVPART17@nycourts.gov no later than 3 business days before the scheduled hearing date.
31. All counsel/litigants must be ready for oral argument and have knowledge of the underlying case.
32. Any papers that the Court must so order must be emailed to KSCCVPART17@nycourts.gov. Filing on NYSCEF alone will not suffice.

Adjournments of Motions in DJMP and Part 17

33. Requests and stipulations for adjournments must be emailed to the appropriate Part's email address, either KSCCVDJMP@nycourts.gov for the Default Judgment Motion Part (DJMP), or KSCCVPART17@nycourts.gov for Part 17.  All appearing parties must be copied on such correspondence.
34. Merely filing a letter or stipulation on NYSCEF does not conform with this rule.  Motions may be denied for failure to appear if this procedure is not followed.
35. Any request for a first adjournment of a motion that is on consent of all appearing parties must be made by 4:00 pm the calendar day before the scheduled return date.
36. All other requests must be made by 10:00 am on the business day before the scheduled return date.
37. Second or subsequent requests for adjournments, even if on consent of all parties, will not be granted absent good cause.
38. Requests should state whether or not it is with the consent of all parties.
39. Parties objecting to an adjournment request shall email the basis for their opposition to the Part's email address, copying all other parties, by 2:00 pm the business day before the scheduled return date.  Failure to email by 2:00 pm will be deemed a consent to the adjournment.  Unless requested by the Court, parties are not to send any replies or further correspondence on the matter.
40. Requested adjournments that are on consent must include a proposed briefing schedule, to the extent that the motion has not been fully briefed.

Subpoenas

41. All subpoenas shall be approved and stamped by the subpoenaed records room located on the 6th floor at 360 Adams street, after which the approved subpoena shall be dropped off in courtroom 4.54 at 320 Jay Street.  Subpoenas will not be accepted electronically.

Orders to Show Cause

42. When a party seeks interim relief and provides notice pursuant to the Uniform Rules for Trial Cts (22 NYCRR) § 202.7 (f), the time that the application will be made must be prior to 3 pm if on a Monday through Thursday, or prior to noon if on a Friday.
43. In addition, both the Principal and Assistant Law Clerks must be notified by email at least 24 hours in advance of any such application.
44. Unless otherwise addressed in an Order to Show Cause, answering or opposing papers must be served and filed by 4:30 pm the day before the hearing date of the motion.

Trials

45. An initial conference will be scheduled upon the assignment of a trial to Justice Stein.
46. Motions in limine will not be considered unless filed.  If not already filed, motions in limine will be due on the date set by Justice Stein at the initial conference.
47. The rules for summary jury trials are available at: Summary Jury Trial Rules - 2JD Supreme Civil | NYCOURTS.GOV

Infant Compromise

48. Applications for infant compromise orders must be filed electronically through NYSCEF, or where the action does not participate in NYSCEF, by mail to the Motion Support Office.
49. Defense counsel must be noticed on all applications/documents submitted to the court and must appear at the hearing unless such counsel has waived the right to receive notice and appear. All such waivers must be in writing and e-filed.
50. 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/incident and an adequate statement regarding liability. The infant’s medical reports, a physician's affirmation that is prepared within six months of the application, a settlement letter, and an affirmation of no liens are also required. 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.
51. 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.
52. Upon submission of all required documents (the proposed order, copies of all relevant medical records, doctor(s) affirmations, and an NYC Department of Human Resources Lien/No Lien Letter) an in-person hearing will be scheduled.  Requests for interpreter services must be made prior to the hearing.
53. Failure to timely and fully respond to the Court's request for additional/supplemental documentation may result in the application being rejected.  Upon rejection, a new application must be initiated.

Form Orders

Adjourning to Supplement Motion Papers

Denying without Prejudice

For Other Relief

Granting Judgement & Scheduling Inquest

Granting Judgement for Sum Certain