Civil Term - Part Rules, Part 58, Courtroom 321 Annex

Hon. Jeffrey D. Lebowitz
125-01 Queens Blvd
Kew Gardens, NY 11415
Chambers Phine: 718-298-1219
Courtroom Phine: 718-298-1249
Fax: 646-963-6422
Law Secretary: Kerian A. Finnegan/Anna Grimaldi
Secretary: Doreen Quondamatteo
Clerk: Alexine Tucker

Motions | Trials | Settlements and Discontinuances | Electronic Filing of Legal Papers

 

Motions

The Motion Calendar for Justice Lebowitz will be called in Kew Gardens.

MANDATORY APPEARANCE IS REQUIRED by counsel with knowledge of the case and with full authority to settle or enter into binding stipulations on the return date. In the case of e-filed motions, a hard copy must be submitted to the Court on the return date. On the return date, motion will be conferenced and or orally argued at the discretion of the Court.

DO NOT CALL CHAMBERS FOR ADJOURNMENTS

Motions may be adjourned on consent provided a faxed written stipulation of counsel is submitted to the Court at least twenty-four (24) hours before the return date. All stipulations must contain the signature of the attorney consenting to the adjournment. A form which contains only the name of the firm on the stipulation will not be accepted. Stipulations must also contain a schedule for exchange of opposition and reply papers occurring prior to the adjourned date. If consent for an adjournment cannot be obtained, an application must be made to Justice Lebowitz by counsel on the return date. Calendar service or non-attorneys will not be permitted to make applications for adjournments. Counsel are expected to notify their adversaries of their intention to seek an adjournment.

ALL ADJOURNMENTS ON CONSENT MUST BE REQUESTED PRIOR TO THE RETURN DATE. NO APPLICATIONS FOR ADJOURNMENTS ON CONSENT WILL BE ENTERTAINED AT THE CALENDAR CALL.

WHERE CONSENT TO AN ADJOURNMENT IS UNREASONABLY WITHHELD, COURT COSTS WILL BE IMPOSED.

Adjournments will be limited to two, absent extenuating circumstances. The answering papers, including cross motions, affirmations in opposition and reply affirmations contained within the motion schedule will be accepted only on the return or adjourned date in the Part. The court will not consider papers sent to Chambers or to the Part after full submission of the motion or cross motion(s). Nor will it accept cross-motions that do not have proof of payment of the appropriate fee. (CPLR § 8020[a]).

All motions and ex-parte applications submitted shall be in compliance with Uniform Rule § 202.5. All exhibits are to be preceded by a numbered/lettered exhibit tab which protrudes from the stack of papers. All relevant decretal paragraphs or relevant document paragraphs must be highlighted in the exhibits and brought to the Court’s attention within the accompanying affidavit or affirmation. All submissions are to be securely fastened so as to prevent the papers from being lost. Failure to comply with the requirements of this section will result in rejection of the non-complying papers.

Copies of decisions on motions will be mailed to attorneys and pro se litigants who provide the Part with a stamped, self-addressed envelope at the time of final submission of their motion. If no stamped, self-addressed envelope is provided, it will be the responsibility of the respective attorneys and pro se litigants to follow up with the appropriate clerk’s office to obtain a copy of the decision.

ALL INQUIRIES TO CASE OR CALENDAR STATUS ARE TO BE MADE TO THE APPROPRIATE CLERK’S OFFICE:

IAS Motion Support Office (718) 298-1009
Ex-Parte Support Office (718) 298-1018
Trial Term Office (718) 298-1015

Trials

These rules apply to all trials before the Court.

Plaintiff’s counsel shall requisition the file to the Part 58 courtroom immediately after assignment of the case to this Court. Counsel should ascertain the availability of all witnesses and subpoenaed documents. Any special needs, i.e., interpreter, easels, blackboards, shadow boxes, television, subpoenaed material, etc., must be reported to the Court Officer in advance so as not to delay the progress of the trial.

Motions in Limine: On the first appearance in the Part for trial, any party intending to make a motion in limine shall submit a brief written affirmation setting forth the nature of the application and any supporting statutory or case law. The party shall furnish the Court with an original and one copy and provide counsel for all parties with a copy.

With regard to suggested jury charges and a suggested verdict questionnaire, amendments thereto shall be permitted at the final charge conference. Jury charges should refer to the PJI number and topic. If any changes to the PJI are suggested, then the entire proposed charge should be set forth and the changes should be highlighted. Citations to appropriate statutory or common law authority must be given in support of suggested non-PJI jury charges or suggested PJI modifications.

Not later than prior to selection of the jury, or if already selected prior to opening statement, each counsel shall provide to the other and submit to the Court:

1. marked pleadings in accordance with CPLR Rule 4012;
2. a statement, joint if possible, of the relevant facts that are not in dispute;
3. a list of witnesses whom the party expects to call at trial, stating the address of each witness and the general subject matter as to which each identified witness is expected to testify;
4. a list of all exhibits for each party indicating whether such exhibits are stipulated into evidence or marked for identification. As to those exhibits marked for identification, the Court will address their admissibility In limine or during the trial, as may be appropriate;
5. copies of the exhibits intended to be offered by counsel. Said exhibits are to be pre-marked by the court reporter, with the plaintiff’s exhibits numbered sequentially and the defendant’s exhibits lettered sequentially;
6. a list of all expert witnesses with copies of their reports.
7. any other information that the Court has determined to be appropriate in the action.

Not later than prior to jury selection, or if a jury is selected prior to opening statement, each counsel shall provide to the other a statement setting forth any objection to the exhibits identified in the list provided by opposing counsel and the specific basis thereof. Any exhibit as to which no objection is identified shall be admitted into evidence on consent. The failure to provide such statement of objections on a timely basis may be deemed to be consent to the admission of all of the exhibits included in the list submitted by the opposing party.

On the day of trial, both sides shall have available at least four (4) copies of all exhibits which are expected to be introduced into evidence.

On the day of trial, both sides shall have available at least four (4) copies of all deposition transcripts which are expected to be read into the record or utilized on cross examination at the trial.

The Court expects counsel to stipulate to as many facts as possible on matters that are not and should not be in dispute. If it appears during the course of the trial that no bonafide attempt was undertaken to secure such stipulation, the Court will likely recess and delay the trial until there is compliance.

Tort Actions are generally bifurcated. The Court expects, and for the convenience of the jurors, that any trial on damages will follow immediately after a verdict finding the defendant liable.

Counsel should alert the Court at the pretrial conference as to any anticipated problem regarding the attendance at trial of the parties, attorney or essential witnesses, and any other practical problems that the Court should consider in scheduling.

No adjournments or delays during trial will be accepted unless exigent circumstances exist.

Settlements and Discontinuances

If an action is settled, discontinued or otherwise disposed of, counsel shall immediately inform the Court by submission of a copy of the stipulation of settlement or a letter directed to the Clerk of the Part. All stipulations of discontinuance must be accompanied by proof of payment of the appropriate fee. (CPLR §8020(d)(1)).

Electronic Filing of Legal Papers

Electronic filing is available for filing legal papers with the Court. Parties interested in electronic filing should read the materials set forth at https://iapps.courts.state.ny.us/fbem/mainframe.html and at the Queens County website. The rules and user’s manual for electronic filing are available on this website.

On the return date, all parties must submit hard copies of any motion/responsive papers that are electronically filed.