New York Courts dot gov
New York StateUnified Court System

Hon. Sylvia G. Ash


Part Rules

Commercial 11 / Part 71
Principal Law Clerk: Hajin Suh, Esq.
Assistant Law Clerk: Cody I. Paul, Esq.
Part Clerk: Patricia Brown
Chambers: 347-401-9540
Courtroom: 347-296-1587
Fax: None (please email)


MOTIONS

All motions are scheduled for Wednesday mornings. First calendar call is at 10:00 a.m. Second calendar call is at 11:00 a.m.

Starting in 2018, Commercial Part 11 and Part 71 will each have two motion calendars: (1) a general motion calendar and (2) an oral argument motion calendar. Motions that are fully briefed with hard copies submitted to chambers or the courtroom will be transferred to the oral argument motion calendar on the next available date, as agreed upon by the parties. Judge Ash will only hear oral arguments on motions that are on the oral argument motion calendar (unless there is an emergency circumstance, such as an existing TRO). Oral argument is required on all motions

Defaults may be entered after the second call on either calendar. A copy of the signed default order must be served on all parties. Motions will be marked off if the movant fails to appear on either calendar.

Adjournments: (1) for the general motion calendar, adjournments may be made by stipulation prior to the motion date by email or at the general motion calendar call; (2) for the oral argument motion calendar, adjournments will not be permitted absent Court approval and shall be granted only for good cause shown.

Parties are encouraged to work out non-dispositive motions between or among themselves. Judge Ash’s court attorneys are available to facilitate resolution of motions that are on either calendar. 


Preliminary, status, and discovery conferences will be scheduled on Tuesdays starting in February 2018. There is only one calendar call at 10:00 a.m. Cases are called in the order that they are marked ready. Defaults may be entered against non-appearing parties after 11:00 a.m.

Parties are encouraged to work out discovery orders and preliminary conference orders on their own.

Pre-trial Conferences: once a case is trial-ready, there will be TWO pre-trial dates. A firm trial date will be set at the first pre-trial conference. Trial dates are generally set three to five months out. At the first conference, the second pre-trial conference will also be scheduled. Witness lists, exhibit books, motions in limine, and pre-trial memoranda (or requests to charge and verdict sheets if the trial is one by jury) ARE DUE BY THE SECOND PRE-TRIAL CONFERENCE. Failure to provide the foregoing will result in an adjournment of the second pre-trial conference as well as the trial. Pre-trial conferences are scheduled on Thursday mornings by the Court.

ADJOURNMENTS

Motions may be adjourned TWICE via stipulation. Thereafter, parties must appear to request an adjournment. Conferences may also be adjourned by stipulation. Stipulations should be emailed to hsuh@nycourts.gov.

COURTESY COPIES

Hard copies of motions can be mailed or dropped off at Courtroom 541 or chambers, Room 1120E.

 

 

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