Hon. Patsy Gouldborne — Part IA-13 Rules

HONORABLE PATSY GOULDBORNE, J.S.C.

SUPREME COURT OF THE STATE OF NEW YORK

BRONX COUNTY CIVIL TERM

851 Grand Concourse, Bronx, New York 10451

IAS PART 13 RULES

Court Attorney: TBA

Part Clerk: Andy Scagnelli

Courtroom: IAS-13 - Room 401

ALL POST- NOTE OF ISSUE APPREANCES IN PART 13 WILL BE HELD IN-PERSON

Recording any Court proceedings, in person or virtual, is strictly prohibited.

DISCOVERY CONFERENCES:

In compliance with statewide Administrative Orders, the parties are expected to complete

outstanding discovery on pending matters using every available technology (including paper

discovery, depositions and IMEs, if possible), and must make every effort to resolve

discovery disputes without the need for Court intervention (see generally, 22 NYCRR

202.7[c]).

In compliance with 22 NYCRR 202.23, counsel for all parties shall consult prior to a

preliminary or compliance conference about (1) resolution of the case, in whole or in

part; (2) discovery, and other issues to be discussed at the conference; (3) the use of

alternative dispute resolution to resolve all or some of the issues in the litigation; and

(4) any voluntary or information exchange of information that could assist with early

settlement of the case. Counsels must make a good faith effort to reach agreement

on these matters prior to conference.

Status & Compliance Conference appearances will be held in the following manner:

On or before the Status/Compliance Conference date:

Status and compliance conference dates function as control dates. In order to hold a

conference, parties must submit a request to be heard on discovery disputes in

compliance with 22 NYCRR 202.23. If the parties sign and upload a fully executed

stipulation one day prior to the conference date, no appearance required, otherwise

appear as directed.

1) If the parties agree on all issues relating to outstanding discovery, the parties

shall e-file and e-mail a fully executed stipulation to BxSupCiv-IA13@nycourts.gov.

If acceptable, the stipulation will be approved and sent to the Clerk for uploading.

2

2) If the parties cannot agree on outstanding discovery issues despite good faith

efforts to resolve the dispute without Court intervention, the parties shall e-file

and/or e-mail a request for a virtual conference to BxSupCiv-IA13@nycourts.gov.

Include the case name, index number, and a brief description of the issue. If

applicable, also include a copy of the most recent compliance conference

order/stipulation. Please make sure to copy all other parties in the case on any e-

mail sent to the Court.

3) If all parties agree that discovery is complete, the parties shall e-file and e-mail a

stipulation to BxSupCiv-IA13@nycourts.gov on or before the scheduled

Status/Compliance conference date. The stipulation must certify that all discovery is

complete and provide for the filing of the Note of Issue. The Court will provide a date

by which the Note of Issue must be filed, and the stipulation will be sent to the Clerk

for uploading. Plaintiff shall not file a note of issue until all discovery is complete and

certified as such by order of this court. Premature filing may result in the note of issue

being vacated or the imposition of other sanctions.

4) All virtual appearances will be conducted using Microsoft Teams platform.

5) Requests for EBT rulings must be made before the assigned ex-parte Judge and not

Part 13.

Pre-Trial and Settlement Conferences:

Pre-Trial Conferences

After the Note of Issue has been filed, a pre-trial conference with the Court may be

obtained by uploading to NYSCEF a request that includes caption, Index number, the

available insurance coverage, using the label “LETTER/CORRESPONDENCE TO

JUDGE”.

Every action is scheduled for a virtual Pre-Trial/Settlement conference based on Note

of Issue date, unless both sides agree an earlier settlement conference would be valuable.

In the “additional documentation field”, use the label SETTLEMENT CONFERENCE

REQUEST and upload a stipulation or letter indicating that plaintiff and defendants’ counsel

consent to a settlement conference with the Court.

If a matter is scheduled for a Pre-Trial Conference, the parties will receive an email

at the email addresses provided by NYSCEF with a link to a virtual conference to be

conducted on Microsoft Teams. Appearing counsel must be authorized to negotiate

3

settlement and/or to resolve any outstanding discovery issues.

Pursuant to Uniform Rule 202.26, a representative from each office fully familiar with

the case and authorized to make binding stipulations must appear in order to conference

and facilitate settlement of the action. Plaintiff(s) and claims representatives must be

available by phone at the time of the conference.

Counsel for Plaintiff must contact all parties in order to confirm that all counsel are

aware of the conference.

Failure to appear by electronic means may result in the imposition of sanctions

and the case may be deemed a default under CPLR 3404 and Uniform Rule 202.27.

SETTLEMENT CONFERENCES

Part 13 conducts its settlement conference/ADR calendar in-person. Please adhere to the

following guidelines to request a settlement conference:

1. Parties shall confer with one another and come up with an agreeable date and time

and email the request to BxSupCiv-IA13@nycourts.gov. In the request, please include

the case name, index number, the names and contact phone number for the attorneys.

*In addition, please disclose the insurance policy limits for the defendant(s).

2. Make sure that all parties are included on any e-mail communication to the Court.

Anyone appearing at a settlement conference is expected to be fully familiar with the

file, have full authority to resolve the case, and/or immediate access to their client to

obtain such authority. Plaintiff(s) and claims representatives should be available by

phone at the time of the conference

MOTIONS:

Summary Judgment motions: must be filed within sixty (60) days after the filing of the Note

of Issue.

Please do not call chambers to inquire about a decision or the scheduling of a case.

Review NYSCEF and E-courts and, if need be, thereafter, contact the Motion Support

Office or the Clerk of the Part. Only call Chambers under exigent circumstances and the

preferred mode of communications with Chambers is via NYSCEF.

Instead of making a motion for Consolidation or Joint Trial, the parties may stipulate and

submit a proposed Order. See forms in the attached appendix.

INFANT COMPROMISES

Use the proper format. If no action has been commenced the proceeding is called a

4

Petition. When an action has been filed, the caption of the proposed compromise must

match the caption of the action.

Where there is more than one infant plaintiff, a separate ICO must be filed for each with

a separate filing fee.

Once the Infant Compromise Order and necessary documents have been submitted to the

Clerk’s Office in Room 217, the Court shall review the Order and documents, and shall

approve and schedule a hearing. Justice Gouldborne’s chambers will schedule an in-

person hearing and inform the parties via email.

A proposed order and supporting documents must be e-filed to NYSCEF as INFANT

COMPROMISE ORDER (PROPOSED) with the following supporting documents,

signed and dated. The guardian’s and infant’s affidavits must be notarized.

- Attorney Affirmation

- Guardian Affidavit

- Infant Consent Affidavit (if 14 years or older)

- Physician’s Affirmation

Additional exhibits may include birth certificate, hospital records, police accident report,

offer letter, lien letter, proof of policy limits and excess insurance.

The infant’s full name (other than initials) and date of birth (other than year) MUST BE

REDACTED in all e-filed documents. The infant consent affidavit may be signed with

initials.

The guardian or attorney’s affirmation must state that no previous application for relief

sought has been made. The attorney’s affirmation must explain why the attorney

recommends the settlement and why the Court should approve the settlement. In

addition to details about the accident and the infant’s injuries, it should address (a)

whether there are outstanding medical bills or liens, (b) the amount of available

insurance, including excess insurance, and (c) whether the guardian or others involved

in the accident also received settlements (amount paid and their injuries, if any).

The guardian’s affidavit must state their relationship to the infant and whether the infant

resides with guardian. The affidavit should specifically set out the medical treatment

received by the infant, names of physicians, and charges incurred. The guardian must

waive their claim/cause of action for loss of services.

The physician’s affirmation must address whether they reviewed the infant’s prior

medical records along with their recent examination of the infant. The physician’s

affirmation should specify in detail the infant’s injuries resulting from the accident,

treatment the infant received, and whether they have made a full recovery or require

additional treatment.

The proposed ICO should provide the name and address of a savings bank (not

commercial bank) in Bronx County in which the funds will be deposited.

5

Please note that the infant(s)’ appearance will not be waived unless, in the interest of

justice, there is a valid reason to do so. Plaintiff’s counsel must make all arrangements to

have the infant and the parent/natural guardian appear on the hearing date.

Requests for EBT rulings must be made before the assigned ex parte Judge and

not Part 13.

Trial subpoenas should NOT be submitted to the Part, but rather, must be submitted in

STP.

Do not contact chambers (email or phone) to inquire if you have an appearance. Contact

opposing counsel or the Clerk in the Part.

All actions assigned to IAS Part 13 and not yet in NYSCEF must be converted ASAP.

The Court will not entertain any applications on any “paper” action until the action is

converted to electronic e-file format.

Revised November 2025

6

Appendix:

Proposed Consolidation Order must be accompanied by a stipulation signed by attorneys for

all appearing parties in all affected actions. Be sure to print, sign, and include phone number

and email address in the stipulation. Consolidation is appropriate when no party is both a

plaintiff and defendant.

Proposed Joint Trial Order must be accompanied by a stipulation signed by attorneys for all

appearing parties in all affected actions. Be sure to print, sign, and include phone number and email

address in the stipulation.

7

At IAS Part 13 of the Supreme Court of the State of New

York, held in and for the County of Bronx, at the

Courthouse located at 851 Grand Concourse, Bronx, New

York 10451 on the ___ day of ____________, 20____ .

PRESENT:

HON. PATSY GOULDBORNE,

JUSTICE OF THE SUPREME COURT

X

CONSOLIDATION ORDER

Plaintiff(s),

Index No / E

-against-

Defendant(s).

X

An application having been made by stipulation, NYSCEF Doc. # for an order of consolidation

and due deliberation having been had thereon, it is hereby

ORDERED that the application is granted, and the above captioned action shall be consolidated

with:

1) v. Index No. , County

2) v. Index No. , County

under Index No. ____________________, and the consolidated action shall bear the following caption:

_____________________________________________________________X

Plaintiff(s),

-against-

Defendant(s).

_____________________________________________________________X

; and it is further

8

9

ORDERED that the pleadings in the actions hereby consolidated shall stand as the pleadings in the

consolidated action, and it is further

(The following italicized decretal paragraph is not applicable if ALL cases are filed in Bronx

Supreme Court)

ORDERED that the Clerk of the Court of County, upon receipt of a certified copy of

this ORDER and upon payment of the proper fees, shall transfer to the Clerk of the Supreme Court, Bronx

County, all papers on file in the action/proceeding bearing the caption v. ,

Index No. ; and it is further

ORDERED that upon service on the Clerk of this Court of a copy of this ORDER with Notice of

Entry, the Clerk shall consolidate the papers in the actions hereby consolidated and shall mark the records to

reflect the consolidation, and it is further

ORDERED that a copy of this ORDER with Notice of Entry shall also be served upon the Clerk of

the Motion Support Office (Room 217), who is hereby directed to mark the Court=s records to reflect the

consolidation.

ENTER:

PATSY GOULDBORNE, .J.S.C.

10

At IAS Part 13 of the Supreme Court of the

State of New York, held in and for the County of

Bronx, at the Courthouse located at 851 Grand

Concourse, Bronx, New York 10451 on the ___

day of ____________, 20____ .

PRESENT:

HON. PATSY GOULDBORNE,

JUSTICE OF THE SUPREME COURT

X

JOINT TRIAL ORDER

Plaintiff(s),

Index No / E

-against-

Defendant(s).

X

An application having been made by stipulation, NYSCEF Doc. # for an order of joint trial

and discovery, and due deliberation having been had thereon, it is hereby

ORDERED that the application is granted, and the above captioned action shall be jointly tried

with:

___________________________________________, Index No. ________________, ________ County,

___________________________________________, Index No. ________________, ________ County,

___________________________________________, Index No. ________________, ________ County,

; and it is further

(The following italicized decretal paragraphs are not applicable if ALL cases are filed in Bronx Supreme

Court)

ORDERED that the Clerk of the Court of County, upon receipt of a certified copy

of this ORDER and upon payment of the proper fees, shall transfer to the Clerk of the Supreme Court,

Bronx County, all papers on file in the action/proceeding bearing the caption v.

11

Index No. ; and it is further

ORDERED that the Clerk of the Supreme Court, Bronx County, upon receipt of a copy of

this ORDER with Notice of Entry, shall, without further fee, assign an Index Number to the file

transferred pursuant to this ORDER; and it is further

ORDERED that a copy of this ORDER with Notice of Entry shall be served upon the Clerk of

the Motion Support Office (Room 217), who is hereby directed to mark the Court=s records to reflect

this joint trial ORDER, and it is further

ORDERED that the Clerk shall assign both/all actions to IAS Part ____, based on the earliest

RJI, and it is further

ORDERED that upon filing of the Notes of Issue and Statements of Readiness in each of the

above actions, and upon service of a copy thereof with Notice of Entry on the Clerk of the Motion

Support Office, Room 217, said Clerk shall place the aforesaid joined actions upon the trial calendar for

joint trial; and it is further

ORDERED that the parties shall upload this joint trial order under both index numbers.

ENTER:

PATSY GOULDBORNE, J.S.C.