Hon. Saul Stein — Part 17, DJMP Rules

Hon. Saul Stein

DJMP and IAS Part 17 Rules

All appearances are in person in Courtroom 424 in 360 Adams Street.

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) 296-1612

Principal Law Clerk Joseph J. Schwartz

jschwartz@nycourts.gov

Assistant Law Clerk Yitzchok Pinson

ypinson@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

August 27, 2026

Default Judgement Motion Part (DJMP)

DJMP Motions

Unless otherwise advised, motions are heard every Tuesday in Courtroom 424.

The calendar call is at 10:00 am promptly. There is no second call.

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 a conference, and a party is not present when the motion is called to be heard, a default may be taken against the party who answered ready and then failed to appear.

All motion papers (including stipulations and proposed orders) must include a full caption naming all parties. Please include all papers filed in connection with the motion in all proposed orders.

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.

Each affidavit of service and non-military affidavit must be attached to motions as a separate exhibit with a separate label.

When filing a motion for default judgment, a new nonmilitary affidavit must also be filed and dated no earlier than 30 days prior to the filing of said default motion.

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 or hand delivered to the Courtroom, no later than 7 days before the scheduled hearing date. Failure to comply with this requirement may result in the denial of the motion or any opposition or reply not being considered.

Any opposition papers must be filed no later than fourteen (14) days prior to the return date. Any reply papers must be filed no later than seven (7) days prior to the return date. Failure to comply with these rules may result in a default and any such papers may not be considered.

All counsel/litigants must be prepared for oral argument and have knowledge of the underlying case.

Orders

Unless the Court specifically direct otherwise, for all motions, counsel must submit a proposed order consistent with the Court’s decision, including for adjournments to supplement motion papers. Submissions may be by hard copy following the calendar call, or via NYSCEF by 5:00 pm that same day.

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).

Failure to comply with these rules for the submission of orders may result in the denial for failure to appear.

Counsel should endeavor to use the form of orders linked at the end of these rules for: Granting judgment and scheduling inquest ;

Granting judgment for a sum certain ;

Denial without prejudice ;

Adjournment to supplement motion papers ;

Other relief;

Denial with nunc pro tunc relief ;

Granting judgment for a sum certain and scheduling attorney’s fees inquest .

Ejectment Actions: In the case of ejectment actions, instead of a proposed order, submit a proposed judgment of possession, and, as a separate document, a proposed writ of assistance.

Declaratory Judgments: In the case of a declaratory judgment involving no-fault insurance, instead of a proposed order, submit a proposed judgment that includes the date of the alleged accident, insurance policy number(s), and the insurance claim number(s).

Inquests

All inquests are “in-person” and, unless otherwise posted, conducted in Courtroom 424 at 360 Adams Street. Please provide business cards for the court and court reporter at all inquests.

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.

Failure to timely file the Note of Issue as directed by the Court will result in the complaint being dismissed.

All subpoenas must be served as soon as possible after an inquest is scheduled, and in no event later than 12 weeks prior to the scheduled inquest date.

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.

The court will accept attorney certification of government records if made pursuant to CPLR § 2105.

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).

Adjournments of Inquests

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.

Inquests will not be adjourned absent good cause shown.

Failure to obtain subpoenaed documents, where the subpoena was served 12 weeks or fewer prior to the scheduled inquest date shall not be deemed good cause.

IAS Part 17

Part 17 Motions

Unless otherwise advised, motions are heard every other Tuesday in Courtroom 424.

The calendar call is at 11:00 am promptly. There is no second call.

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 11:00 am calendar call, a motion has been marked ready or for a conference, but no one appears on the motion when it is called to be heard or conferenced, a default may be taken against the party who answered ready and then failed to appear.

All motion papers (including stipulations and proposed orders) must include a full caption naming all parties. Any opposition papers must be filed no later than fourteen (14) days prior to the return date. Any reply papers must be filed no later than seven (7) days prior to the return date. Failure to comply with this rule may result in a default and any such papers may not be considered.

Except for motions to renew or reargue, 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.

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 or hand delivered to the Courtroom no later than 10 business days before the scheduled argument date.

All counsel/litigants must be ready for oral argument and have knowledge of the underlying case.

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

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. Requests and stipulations shall include the basis for the adjournment request and a briefing schedule compliant with the Part Rules requirements for timely submission of papers.

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.

Any request for a first adjournment of a motion that is on consent of all parties must be made by 4:00 pm the business day before the scheduled return date.

All other requests must be made by 10:00 am on the business day before the scheduled return date.

Second or subsequent requests for adjournments, even if on consent of all parties, will not be granted absent good cause shown.

Requests should state whether it is with the consent of all parties.

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.

Requested adjournments that are on consent must include a proposed briefing schedule, to the extent that the motion has not been fully briefed.

Subpoenas

Requests to have the Court sign subpoenas that are not to government entities must be accompanied by a letter detailing why the Court’s signature is needed.

Subpoenas will not be accepted electronically. All subpoenas must first be approved and stamped by the subpoenaed records room located on the 6th floor at 360 Adams Street, after which the approved subpoena may be left in the box outside courtroom 424 at 360 Adams Street, and the subpoena information must be logged into the sign-in sheet.

Failure to follow these instructions may result in the subpoena not being signed, which will not constitute good cause for an inquest adjournment request.

Orders to Show Cause

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.

In addition, both the Principal and Assistant Law Clerks must be notified by email at least 24 hours in advance of any such application.

Unless otherwise addressed in the Order to Show Cause, or directed by the Court, answering or opposing papers must be served and filed no later than seven (7) business days before the hearing date of the motion. Failure to comply with this rule may result in a default, and any such opposition may not be considered.

Trials

An initial conference will be scheduled upon the assignment of a trial to Justice Stein.

Motions in limine will not be considered unless filed via NYSCEF. If not already filed, motions in limine will be due on the date set by Justice Stein at the initial conference.

Proposed Jury Charges are required to utilize the current version of the New York Pattern Jury Instructions. Any Proposed Jury Charge citing an outdated section of the PJI may not be considered.

The rules for summary jury trials are available at: Summary Jury Trial Rules

Infant Compromise

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.

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.

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.

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.

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.

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.

If only one parent is appearing at a hearing, a notarized affidavit from the other custodial parent must be presented at the hearing. Said affidavit must state that the non-appearing parent is aware of the hearing, that they waive their right to be present at the hearing, and consent to the settlement. The affidavit should provide the amount of the settlement.