RESOLUTION PART RULES
Co-op/Condo
HON. PETER M. WENDT

 

1. A serious attempt to settle all matters will be made by the Court and the Court Attorneys before proceedings are sent out for trial. However, litigants and attorneys assigned to the Part will be expected to be ready to proceed to trial at the time the case is called, unless a good reason for postponement of the matter is presented.

2. There are three calendars -- 9:30 am, 11:00 am and 2:00 pm. Cases and motions on the 9:30 calendar will be subject to default, dismissal or denial for non-appearance at 10:30 am. 11:00 am cases will be subject to default or dismissal at 11:30 am. Cases on for 2:00 pm will be subject to default or dismissal at 3:00 pm. Litigants and attorneys will be expected to arrive at the time their case is noticed to be heard. Proceedings on the Part calendars will be subject to dismissal, default orders or denial for non-appearance when they are called, if one or the other or both parties fail to appear.

3. Adjourned cases set for times other than 9:30 am will be called at the time they are scheduled. Litigants who fail to appear for such matters at the scheduled time will be subject to default order, dismissal, or denial of their motion.

4. All motions, including orders to show cause, should be made returnable at 9:30 am.

5. All proposed stipulations where one or both parties are unrepresented by counsel must be reviewed and explained by the Court Attorney or the Judge before they are signed by the unrepresented litigant.

6. Counsel must appear for a party who is represented by an attorney.

7. Corporations may not appear without counsel. (See CPLR 321[a]).