Hon. Sabrina B. Kraus — Part 57 Rules

Hon. Sabrina Kraus

Supreme Court New York County

60 Centre Street, New York, New York

Part 57 – General IAS/CVA – Room 218

646-386-3195 (part)

646-386-5727 (chambers)

Principal Law Clerk - Tara Szap, Esq., tszap@nycourts.gov

Associate Law Clerk – Joseph Scapellato, jgscape@nycourts.gov

Part Clerk - Christopher Rodriguez – sfc-part57-clerk@nycourts.gov

Remote Conferences

Tuesday, Wednesday and Thursday 10 am-3 pm via MS Teams

Oral Argument at Judge’s discretion

You are prohibited from recording video or audio, or taking photos or

screenshots of any court appearance (22 NYCRR §§ 29, 131; NY Civ. R. Law

§ 52).

I. Communications with the Court.

A. For all scheduling matters, please call the Part Clerk for instructions.

B. Any correspondence to the Judge should be made to the Law Clerk (tszap@nycourts.gov)

copied to all parties.

C. A courtesy copy of ANY communication with the court that is filed on NYSCEF must also be

emailed to the Law Clerk (tszap@nycourts.gov) as Chambers staff DO NOT receive NYSCEF

notifications.

D. All requests for adjournments must be approved in advance. To make your request for an

adjournment, email the Part Clerk and the Law Clerk (tszap@nycourts.gov) at least two days

prior to the scheduled appearance with all counsel copied. Alternatively, a request may be made

by submitting a stipulation at least two days prior to the scheduled appearance providing the

reason for the request. Please email a courtesy copy of the stipulation to the Law Clerks in

addition to filing on NYSCEF. An adjournment request has not been granted until you receive a

new date from the court.

E. For motions pending in the Motion Submissions Part (Room 130 at 60 Centre Street), follow

that Part's rules regarding adjournments and scheduling.

F. If a motion has been withdrawn or the case has been settled or otherwise discontinued, please

notify the Law Clerk immediately and e-file a stipulation.

G. To determine whether a decision has been rendered, please check NYSCEF or the Supreme

Court Records On-Line Library (SCROLL). All decisions and orders are scanned and available

on online.

H. Any calls to Chambers about a pending matter, may be made only with all parties on the line.

There shall be no ex parte communications.

II. Motion Practice

A. ALL MOTIONS MUST BE MADE RETURNABLE WITHIN 45 DAYS OF FILING

B. Attorneys appearing before Justice Kraus must be thoroughly familiar with the case. All

Counsel must be prepared for settlement discussions and to have their client or adjuster available

by telephone.

C. If oral argument is desired, the request must appear in the notice of motion. However, motions

will only be scheduled for oral argument at the Justice’s discretion. If oral argument is

scheduled, you will be notified electronically of the date.

D. Motions submitted on default are generally not scheduled for oral argument. However, the

movant must make certain that an affidavit of service is included, even for e-filed motions.

Without a proper affidavit of service, relief will be denied.

E. Discovery disputes are preferred to be resolved through court conference as opposed to

motion practice. Counsel must consult with one another in a good faith effort to resolve all

disputes about disclosure. If counsel is unable to resolve any disclosure dispute in this fashion,

counsel requesting the conference shall email the Law Clerk, with all parties copied, briefly

outlining the nature of the dispute and requesting a virtual conference.

F. Motions to Renew/Reargue MUST be made by Order to Show Cause.

G. Summary Judgment Motions. All summary judgment motions must be made no later than

90 days after filing the Note of Issue - there are no exceptions without leave of Court. In the

notice of motion or early in the affirmation in support, please state the date the Note of Issue was

filed and that the motion is timely. Absent good cause for late filing, a late motion may be

denied, even if your adversary does not object.

(1) Discovery must continue during the pendency of a summary judgment motion,

unless good cause is shown for a stay. A stipulation will not suffice; any stay must be

so ordered.

H. Motion Papers

(1) Motion Sequence Number: Often several motions are submitted at the same time. To

keep papers organized, the first page of every motion paper (notice of motion, opposition, reply,

exhibits, etc.) must reflect the respective motion sequence number in the upper right corner.

(2) Exhibits: Each page in any exhibit must be numbered. Reference to any exhibit must

include pinpoint citations so the exact location within the exhibit can be found easily. For

example, a citation to physical therapy notes contained within an exhibit of medical records

should be identified as "physical therapy note dated xx/xx/xx, Exhibit B, page 9"; it should not

just refer to "Exhibit B". Likewise, while entire EBT transcripts and other voluminous exhibits

must be e-filed, only relevant portions need be annexed to working copies and any reference

thereto must cite to the exact page and line numbers relied upon rather than merely attaching the

entire transcript or "relevant portions.

(3) Statement of Material Facts – it is the Court’s preference that each motion for

summary judgment and opposition include 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.

III. Conferences

A. Counsel attending the conferences are expected to be familiar with the case and have

authority to discuss and stipulate to resolve all disclosure issues. Appearances by counsel without

authority may be deemed a default.

B. At each discovery conference, counsel must be prepared with all outstanding discovery as

well as prior conference orders and stipulations. Failure to address all outstanding discovery

existing at the time of the compliance conference may be deemed a waiver of the right to obtain

said discovery.

C. This Part requires compliance with court-ordered deadlines set forth in the

preliminary/compliance conference order(s). Failure to adhere to deadlines or comply with

orders without court approval may result in serious penalties.

D. Conference Orders

In IAS actions, proposed preliminary, compliance and the status

conference orders, and in CVA actions, proposed First Compliance Stipulation and Order and

Follow Up Compliance Conference Orders should be submitted in advance via NYSCEF, with a

courtesy copy to the Law Clerk (tszap@nycourts.gov) regarding outstanding discovery.

IV. Trial Rules

A. Upon the first pretrial conference appearance before this Court, the parties must

furnish the following:

(1) A list of proposed witnesses, including the need for any interpreters.

(2) An estimate of required trial days.

(3) All marked pleadings and bills of particulars.

(4) Copies of those portions of EBTs intended for use at trial for any purpose.

(5) A trial memorandum, not to exceed five (5) pages, setting forth the party’s

position and relevant factual and legal issues to be tried, citing relevant case law.

(6) Any requests for audio/visual equipment.

(7) Any requests for interpreters.

B. Prior to the start of trial, the parties must furnish the following:

(1) All motions in limine must be presented in writing to the court, via NYSCEF

and a courtesy copy to the Law Clerks via email, as soon as practicable or as

specifically scheduled at any pre-trial conference, with a copy to all parties.

(2) For jury trials, all counsel shall submit proposed jury charges and verdict

sheets, which shall be emailed to the Law Clerk and opposing counsel

simultaneously in Word format.

C. Parties are strongly encouraged to have the court reporter pre-mark all exhibits for

identification and/or evidence if there is no objection.

D. It is the duty of counsel to ensure that all subpoenaed documents have arrived in the

subpoenaed records room at 60 Centre Street, Room 145M.

E. If any party anticipates using PowerPoint during opening statements, the same would

have to be served on the court and their adversary in advance of the trial, on a date that

will be set by the court at the next conference.

F. Trial dates scheduled by the Court are firm and may only be adjourned for an

emergency. No adjournments will be granted based on the unavailability of a witness to

testify unless the Court concludes that good cause exists for the adjournment.

G. ALL TRIALS proceed day to day until completed.

Modified 4/13/26