Hon. Lynn R. Kotler — Part 8 Rules

PART 8 RULES

Hon. Lynn Kotler, J.S.C.

General IAS Part 8, 80 Centre Street, Room 278

Part 8 Clerk: Kathleen Marino, SFC-Part8-Clerk@nycourts.gov, 646-386-3572

Fax: 212-618-5212

Chambers: 646-386-3339

Principal Court Attorney: Aryeh Roskies, Esq., aroskies@nycourts.gov, 646-386-3357

Assistant Law Clerk: Simrat Kaur Roopra, Esq., skroopra@nycourts.gov, 646-386-4785

I. General

1. Virtual court appearances will be conducted via Microsoft Teams. Please be advised that all persons

on the Teams meeting should always have audio and video, only one attorney may speak on behalf of

each party (or jointly represented parties) and the proceedings may not be recorded absent prior court

approval.

2. Invitations to the Microsoft Teams meetings for all court appearances will be sent to counsel of

record on NYSCEF. Any party that needs an invitation to the meeting should contact the Part 8 Clerk.

3. Pursuant to Uniform Civil Rules for the Supreme Court and the County Court § 202.23(c), “each

attorney who receives notification of an appearance on a specific date and time is responsible for

notifying all other parties by email that the matter is scheduled to be heard on that assigned date and

time.”

4. Ex parte communications that are not for scheduling, administrative or emergency purposes are not

permitted. All sides must be carbon copied on written communications to the court.

5. Letters or emails seeking affirmative relief may not be considered absent exigent circumstances.

6. Do not carbon copy the court on correspondence between counsel.

7. The court does not routinely make rulings via telephone.

8. If an action is discontinued, or wholly or partially settled by stipulation, a motion has become wholly

or partially moot, or a party has died or become a debtor in bankruptcy, the parties promptly shall

notify the court in writing of such an event. This is a continuing obligation, and such notification shall

be made in writing to the court via filing on NYSCEF and email to the Part Clerk or Chambers staff

(Uniform Civil Rules for the Supreme Court and the County Court § 202.28[a]).

II. Conferences

Pursuant to the Uniform Civil Rules for the Supreme Court and the County Court § 202.20-f: “[t]o the

maximum extent possible, discovery disputes should be resolved through informal procedures, such as

conferences, as opposed to motion practice.”

1. Within a reasonable time after issue has been joined and a preliminary conference request has been

filed, the parties shall meet and confer regarding a preliminary discovery schedule, which shall be

memorialized in a Proposed Preliminary Conference Order that shall be presented to the court to be

so ordered by filing on NYSCEF and via email to the Part Clerk. A form template for the Preliminary

Conference Order is available here, or may be found on the court’s website under the Court

Resources tab by following the links for Forms > Preliminary Conference Forms > General Cases.

2. If a dispute should arise during discovery, the parties should meet and confer and memorialize all

outstanding discovery in a written stipulation signed by all sides. Upon doing so, the parties may

present the stipulation to the court to be so ordered by filing on NYSCEF.

3. If the parties are unable to agree on a preliminary discovery schedule, or a dispute arises during

discovery that they are unable to resolve despite good faith efforts to do so (see Uniform Civil Rules

for the Supreme Court and the County Court § 202.20-f [b]), they may request a virtual conference

Last updated 12/18/25

with the court via written letter filed on NYSCEF and emailed to the Park Clerk outlining the issue(s)

and the parties’ positions.

4. Conferences are typically held virtually on Wednesdays and Thursdays.

III. Orders to Show Cause

Pursuant to Uniform Civil Rules for the Supreme Court and the County Court § 202.8-d: “[m]otions shall

be brought on by order to show cause only when there is genuine urgency (e.g., applications for

provisional relief), a stay is required or a statute mandates so proceeding (see Section 202.8-e). Absent

advance permission of the court, reply papers shall not be submitted on orders to show cause.”

1. If a party seeks a temporary restraint in an Order to Show Cause, they MUST provide proof that their

adversary was notified about the application and the time, date and manner that the application will be

presented for signature or provide a reasonable explanation why such advance notice cannot be

provided. The court may, in its discretion, schedule a hearing on the TRO application virtually or set

a deadline to submit written opposition to the TRO request.

2. All Orders to Show Cause must first be processed by the Ex Parte Motion Office. A movant should

first contact that office to ensure that the Order to Show Cause has been processed and submitted to

chambers before inquiring with the Part about the status of the Order to Show Cause.

IV. Motions

1. All Notices of Motion (but not Notices of Cross Motion) are returnable in the Motion Support Office

Courtroom. Adjournments of those motions are to be addressed to Motion Support, not the Part,

unless the parties are seeking to adjourn a motion submission date more than sixty days after the

original return date. In that case, the stipulation will need to be so ordered, so the parties should file

the stipulation on NYSCEF with a request that it be so ordered.

2. Upon any motion for summary judgment, other than a motion made pursuant to CPLR 3213, the

movant shall annex to the notice of motion a separate, 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. Any party opposing the motion shall submit a counterstatement of material facts.

3. Motions will be submitted without argument or rescheduled for oral argument on a case-by-case

basis. Oral argument is typically held on a Tuesday.

4. Advance permission to bring any motion is not required.

5. “Courtesy” or working copies of e-filed motions are not required and should not be delivered to the

part.

6. Electronic copies of exhibits such as audio or video should be submitted to the court on a USB drive

delivered to the Part 8 Courtroom at 80 Centre Street, Room 278, or via cloud service with a link to

the exhibit emailed to Aryeh Roskies, Esq., at aroskies@nycourts.gov, on or before the motion

submission date.

V. Adjournments

1. A court appearance may be adjourned on consent, provided all parties who have appeared in the

action sign a stipulation to that effect and deliver it to court via fax, email or filing on NYSCEF by

2:00 p.m. the day before the appearance is scheduled. The stipulation is still subject to court approval,

and it must include: 1) the reason for the adjournment, 2) the date the case was last on, and 3) the date

by which the Note of Issue must be filed.

2. If there is no consent to a request for an adjournment of a court appearance, requests for

adjournments shall be transmitted in writing to the court and to all parties via filing on NYSCEF, so

as to be received no later than 48 hours before the hearing and shall set forth the efforts made to

obtain the consent of all parties and the results thereof (see Uniform Civil Rules for the Supreme

Court and the County Court § 202.23). Requests for adjournments not on consent made less than 48

hours before the scheduled date will not be considered, and counsel must appear on the scheduled

date to make an oral application for the adjournment.

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VI. Settlement Conferences and ADR

1. If the parties have conferred and seek a settlement conference or are amenable to submitting their

case to mediation, they should email Aryeh Roskies, Esq., at aroskies@nycourts.gov, with the

following information: [1] nature of case; [2] substantive issues in dispute; [3] any offers and

demands; [4] if a personal injury action, nature/extent of personal injuries sustained. The court may

conduct a settlement conference or refer the matter to mediation in its discretion and subject to the

mediation part’s approval only upon a showing that a settlement conference or mediation would be

fruitful.

VII. Note of Issue

1. Note of issue should not be filed unless discovery is complete. If the parties need an extension of the

note of issue deadline, they should meet and confer and set deadlines for all outstanding discovery in

a written stipulation to be so ordered by the court and request an extension of the deadline to file note

of issue.

2. Note of issue may be filed, and a future compliance conference dispensed with, provided all parties

who have appeared in the action stipulate in writing that all discovery has been completed. This

stipulation must be sent to the court via email or filing on NYSCEF by 2:00 p.m. the day before the

appearance is scheduled.

VIII. Trials

1. Trials are scheduled to proceed day-by-day until completed.

2. Once a trial is assigned to Part 8, counsel are required to serve and submit the following:

a. marked pleadings;

b. the bill of particulars;

c. a witness list;

d. expert disclosures;

e. pretrial memoranda (if applicable);

f. proposed jury instructions (if applicable);

g. proposed jury verdict sheet (if applicable); and

h. a one paragraph summary of the parties’ contentions.

3. Parties must have copies of exhibits for the court and for each adversary.

4. All parties are encouraged to have their exhibits pre-marked by the court reporter.

Last updated 12/18/25