Hon. David Cohen — Part 58 Rules

HON. DAVID B. COHEN - Part 58 Rules

(Updated As of February 2026)

71 Thomas Street, Room 305, New York, New York 10013

Principal Law Clerk

Catherine Paszkowska, Esq. – cpaszko@nycourts.gov

Assistant Law Clerk

Jessica Tilton, Esq. – jptilton@nycourts.gov

Part Clerk’s Courtroom Phone Number

(646) 386-3347

Part Clerk’s Email

SFC-Part58-Clerk@nycourts.gov

Counsel are hereby referred to the Uniform Rules for the Supreme Court and the County

Court (22 NYCRR 202.2 et. seq.), effective February 1, 2021, and as amended July 1, 2022,

which are incorporated by reference into the Part Rules set forth below.

E-Filing

The court strongly encourages all paper cases to be converted to e-filing. The link to

the form to convert a case to e-filing is

https://iappscontent.courts.state.ny.us/NYSCEF/live/forms/stipulation.and.consent.pdf.

Conversion to e-filing is required where all parties are represented by counsel.

Additionally, parties are strongly encouraged to go to nycourts.gov or

https://iapps.courts.state.ny.us.webcivil and click on e-Track to register so that you can follow

your case. This service is free.

1. ADJOURNMENTS AND OTHER COMMUNICATIONS WITH THE PART CLERK

AND CHAMBERS

A. All requests to adjourn conferences and oral arguments on motions require prior court

approval at least two business days prior to the conference/argument date and must be

directed to the Part Clerk at SFC-Part58-Clerk@nycourts.gov. Any stipulation adjourning a

conference or motion must set forth a reason for the adjournment, must be so-ordered, and must

be e-filed (or, on non-e-filed cases, filed with the court) at least one business day before the

scheduled conference or argument.

B. A party seeking an adjournment of a conference or motion must confer with all other parties

to ascertain whether there can be a stipulation to adjourn. If the parties cannot agree to an

adjournment, they must set up a conference call with chambers or appear and make an

application before the court at least two business days prior to the scheduled conference date

or the return date of the motion.

C. Do not call chambers regarding other scheduling matters and uncontested requests for

adjournments. Any such calls will result in your being directed to the Part Clerk.

D. Do not copy Justice Cohen, the Law Clerks, or the Part Clerk on letters, documents, or emails

exchanged between counsel. The court will not read them and they will be discarded by the Part

Clerk.

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E. Ex parte communications are strictly prohibited. Every party must be copied on all

communications with the court, including emails.

F. Counsel and self-represented litigants are under a continuing obligation to notify Part 58

in writing, and as soon as possible, if an action is settled, discontinued, or otherwise

disposed of, if a case or motion has become totally or partially moot, or if a party has died

or filed a petition in bankruptcy.

2. MOTION PRACTICE

A. Oral Arguments of motions are held on Tuesdays beginning at 9:30 a.m., or as otherwise

directed. Motions may be scheduled for oral argument at the Judge’s discretion. If oral argument

is scheduled, you will be notified electronically, except where otherwise necessary.

B. Failure to appear for oral argument at the directed time may result in a default.

C. All summary judgment motions must be filed within 120 days after the filing of the note

of issue, unless otherwise ordered by the court, or will be denied absent good cause shown for

the delay. Additionally, in accordance with 22 NYCRR 202.8-g(a), this Court, in its discretion,

directs that all summary judgment motions must contain a “short and concise statement, in

numbered paragraphs, of the material facts as to which the moving party contends there is

no genuine issue to be tried.” Pursuant to 22 NYCRR 202.8-g(e), a movant’s failure to

submit an undisputed statement of facts will result in the denial of the motion with leave to

renew upon proper papers, adjournment of the motion to allow the movant time to submit

an undisputed statement of facts, or any other action this Court deems just and proper.

D. Part 58 is a paperless part and parties are not required to provide working copies of motion

papers unless otherwise directed by the court.

E. For adjournments, see Rule 1.

F. Parties arguing motions must be familiar with the case on which they appear and be

fully prepared and authorized to discuss and resolve the issues which are the subject of the

motion. Attorneys who appear for argument of dispositive motions must also have settlement

authority. Failure to comply with this rule may be treated as a default for purposes of Rule

202.27 and/or may be treated as a failure to appear for purposes of Rule 130.2.1.

G. If a motion has been withdrawn or otherwise resolved, the parties must immediately e-mail

the Part Clerk at SFC-PART58-Clerk@nycourts.gov a stipulation or notice to this effect.

H. All notices of motion/cross motion, orders to show cause, affirmations, affidavits,

memoranda of law, and exhibits to motions must be labeled and tabbed individually and

must contain the motion sequence number on the upper right corner of the first page,

whether e-filed or not. All motion papers and exhibits thereto must be e-filed separately

and must contain a concise and accurate description of the document filed on NYSCEF.

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The failure to comply with the foregoing may result in the denial of the motion. Any

correspondence to the court regarding a motion must contain the motion sequence number

to which it pertains or it will be disregarded.

I. If the parties have a discovery dispute, they must consult with each other in a good faith effort

to resolve the same (22 NYCRR 202.7[a]). Such consultation may take place by an in-person,

telephonic, or virtual conference (at the request of the parties, the Part 58 Clerk can facilitate

such a virtual meeting). In the event such an attempt is not successful, then the parties are

required to e-mail the Part 58 Clerk at SFC-Part58-Clerk@nycourts.gov to arrange a

conference with the court to attempt to resolve the issue(s). If the dispute cannot be resolved

by a conference with the court, then the party seeking relief may file a discovery motion. Leave

of court is not required to file the motion but no motion may be filed unless the court has first

conferenced the case. If such a motion is filed, the affirmation of good faith submitted in support

of the same must “indicate the time, place and nature of the consultation and the issues discussed

and any resolutions, or shall indicate good cause why no such conferral with counsel for

opposing parties was held” (22 NYCRR 202.7[c]). The affirmation of good faith must also

indicate the identity of the individual who conferenced the case with the parties (i.e., Justice

Cohen or which of his Law Clerks), as well as the date on which the case was conferenced by the

court. Failure to comply with these requirements will result in the denial of the motion.

Additionally, the court has the discretion to decide a discovery motion on submission or to

schedule a discovery conference in lieu of hearing argument on the same.

J. The parties are encouraged to resolve possible motions by stipulation whenever possible. For

example, motions to amend a pleading, for an attorney to appear pro hac vice, to change venue,

or to consolidate can often be resolved by the parties without judicial intervention. Where such a

stipulation resolves a motion or extends a deadline previously set by the court, it must be e-

mailed to the Part 58 Clerk at SFC-Part58-Clerk@nycourts.gov so that the court may so-order

the same. A stipulation resolving a motion which requires a Clerk to take action, such as a

motion to consolidate, change venue, or amend a caption or pleading, must contain language

directing the Clerk to take such specific action in accordance with CPLR 8019(c) and, in e-filed

cases, must be accompanied by NYSCEF form EF-22.

3. PRELIMINARY AND COMPLIANCE CONFERENCES

Discovery conferences will be held in person on alternating Tuesdays at 9:30 am at 71

Thomas Street, Room 305, New York, New York.

However, if all parties to a case can agree to a discovery schedule ahead of time, they may

submit a stipulation to the court by 3 pm on the Monday before the scheduled conference, and

then they will not need to appear for the conference. Instead, the stipulation will be reviewed, so-

ordered, and filed and entered by the court. Otherwise, the parties must appear for the

conference.

Counsel for all parties shall consult prior to a preliminary, compliance, or status conference

about the resolution of the case, in whole or in part; discovery, including disclosure of

electronically stored information, and any other issues to be discussed at the conference; the use

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of alternate dispute resolution to resolve all or some issues in the litigation; and any voluntary

and informal exchange of information that the parties agree would help aid early settlement of

the case. Counsel shall make a good faith effort to reach agreement on these matters in

advance of the conference.

Preliminary conference stipulations – must be emailed using this form –

http://ww2.nycourts.gov/courts/1jd/supctmanh/preliminary_conf_forms.shtml

Compliance conference stipulations –the parties must draft a stipulation. It must be drafted

in Microsoft Word format or as a PDF.

Proposed stipulations must be signed or e-signed by all parties before submission to the court.

The stipulation must be emailed to Justice Cohen’s Principal Court Attorney, Catherine

Paszkowska, at cpaszko@nycourts.gov and to the Assistant Court Attorney, Jessica Tilton,

at jptilton@nycourts.gov

A party’s failure to appear for a conference or to timely submit a proposed stipulation will

result in the appearance being marked as a default as against the non-appearing party(ies),

and the conference will be adjourned, or the case will be dismissed or the pleadings

stricken, at the court’s sole discretion.

For Adjournments, see Rule 1. All scheduling inquiries are to be directed to

cpaszko@nycourts.gov and SFC-Part58-Clerk@nycourts.gov, by email sent jointly or with a

copy to all sides.

The parties are required to bring to the attention of the Part Clerk all pending motions

relating to the case being conferenced, whether the motion(s) is pending in the Motion

Submissions Part, or whether it has been fully submitted.

Except where a party appears pro se, an attorney thoroughly familiar with the action/proceeding

and authorized to act on behalf of a party shall appear at a preliminary, compliance, or status

conference and must be prepared resolve all issues which may arise. Failure to comply with this

rule may be treated as a default for purposes of Rule 202.27 and/or may be treated as a failure to

appear for purposes of Rule 130-2.1.

All orders must be legible, must indicate that the case is a Part 58 action, and must contain

Justice Cohen’s name, as well as the names, addresses and telephone numbers of all counsel

appearing at the conference.

There shall be strict compliance with the discovery deadlines set forth in preliminary

conference orders, status/compliance conference orders, and case scheduling orders.

Noncompliance with a court order may result in the imposition of sanctions, or other relief

pursuant to CPLR 3126, against the offending party. Any application for an extension of a

discovery deadline shall be made as soon as practicable and prior to the expiration of the

deadline. Such an extension may be granted by the court only upon good cause shown and

where notice of the request is provided to all parties. Parties are to e-mail applications or

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stipulations extending discovery deadlines to the Part Clerk and such requests must set

forth, in reasonable detail, the reason for the adjournment. Any extension of time past a

court-ordered deadline, by stipulation or otherwise, must be ordered by the court.

4. TRIALS

A. At the first appearance before Justice Cohen for trial, all parties shall provide: all marked

pleadings and bills of particular, all notices to admit and responses thereto, any relevant case law,

prior decisions bearing directly on the issues to be raised at trial, all motions in limine, a

proposed verdict sheet (subject to revision), and a brief trial memorandum of law setting forth

the relevant facts of the case and setting forth the legal arguments to be contested at trial.

Counsel shall also advise the court of all witnesses and expert witnesses to be called at trial, as

well as whether any interpreter(s) is required. In preparation for the charge conference, the

parties shall provide the court with proposed jury instructions.

B. Post-trial motions shall be made within 15 days after verdict (CPLR 4405).

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