Hon. Mojgan Cohanim Lancman — Part 20 Rules

Civil Term - Part Rules, Part 20, Courtroom 45

Justice Mojgan C. Lancman

Part 20

Courtroom 45

(718) 298-1093

QSCPART20@nycourts.gov

All inquiries as to case or calendar status must be made to the appropriate clerk’s office.

IAS Motion Support Office (718) 298-1009

Ex Parte Support Office (718) 298-1018

Trial Scheduling Part (718) 298-1048

DCM Clerk’s Office (718) 298-1140

Preliminary Conferences

THERE ARE NO APPEARANCES FOR PRELIMINARY CONFERENCES

BEFORE JUSTICE LANCMAN

PRELIMINARY CONFERENCE ORDERS ARE GENERATED AUTOMATICALLY

Please refer to the rules of the Preliminary Conference Part and Compliance Part, which can be found on

the Queens County Supreme Court, Civil Term website.

QUESTIONS REGARDING PRELIMINARY CONFERENCE ORDERS:

Notwithstanding any Preliminary Conference Order to the contrary, virtual conference requests to

resolve discovery disputes related to the Preliminary Conference Order, or applications to modify

the discovery schedule set by the Preliminary Conference Order, should be made to the assigned

Compliance Conference Judge.

All questions concerning the scheduling of a Preliminary Conference date and the status or vacatur

of an Order should be directed to QUEENSPC@NYCOURTS.GOV. This includes cases which

should have been classified for a specialty part (e.g. the Commercial Division).

A preliminary conference shall be scheduled (1) automatically by the court within 45 days after

filing a Request for Judicial Intervention, pursuant to 22 NYCRR 202.12(b); or (2) upon filing a

written Request for a Preliminary Conference with the Clerk’s Office, Room 140, in compliance

with 22 NYCRR 202.12(a); or (3) an appropriate notice is filed in malpractice or certiorari cases

pursuant to 22 NYCRR 202.56 and 202.60; or (4) automatically by the court pursuant to 22

NYCRR 202.12(j).

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Discovery Disputes

PRE-NOTE OF ISSUE DISCOVERY DISPUTES

All discovery disputes arising before the filing of the Note of Issue must be addressed to the

assigned Compliance Conference Judge, including requests for an extension of time to file the Note

of Issue. The parties are directed to request a conference with the assigned Compliance Conference

Judge in regard to any disputed discovery issues. Contact information for the Compliance

Conference Judges are found in the Compliance Conference Part rules on the Court’s website. Any

questions regarding Compliance Conferences should be addressed either to the assigned

Compliance Conference Judge via email or the Compliance Conference Part at 718-298-1089.

No discovery motions will be entertained in Part 20 unless the assigned Compliance

Conference Judge has (1) held a conference with the parties on the subject issue; and

(2) issued an order granting leave to make a motion in Part 20.

POST-NOTE OF ISSUE DISCOVERY DISPUTES

No permission is needed from the assigned Compliance Conference Judge for discovery-related

motions made after the filing of the Note of Issue, including motions to vacate or strike the Note of

Issue.

Motion Practice in Part 20

Any attorney appearing on a case for any purpose must be familiar with the case, fully prepared

and authorized to resolve any and all issues.

Direct all questions regarding motions to the Part Clerk at (718) 298-1093. Do not call chambers.

MOTION APPEARANCES:

The Motion Calendar will be called promptly every Wednesday at 9:30 A.M. in Courtroom 45 and

motions shall be noticed accordingly. Personal appearances are not required on the motion calendar

unless specifically directed by the Court.

EFFECTIVE MAY 1, 2024: In person appearances, on any motion, including but not limited

to discovery-related motions, shall be required only where the parties are specifically directed

to appear for the motion calendar such as where a directive is stated on an order to show

cause or other order issued by the Court.

If Justice Lancman decides to hear oral argument on any given motion the parties will be notified

to appear in person or virtually by way of a Microsoft Teams link. If you have not received a notice

to appear in person or a link to appear virtually, there is no appearance.

MOTION SUBMISSION AND ADJOURNMENT REQUESTS:

Within 7 days of the return date of a motion, the parties shall notify the Court if the motion is ready

to be submitted or if an adjournment is requested by uploading a letter to NYSCEF and emailing a

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copy of the letter to QSCPart20@nycourts.gov. If an adjournment is requested on consent of all

parties, the parties shall upload a stipulation of adjournment to NYSCEF and email a copy to

QSCPart20@nycourts.gov. The failure to comply with these requirements may result in the motion

being adjourned or marked off the motion calendar.

E-FILING:

The parties are encouraged to convert non-e-filed cases to e-filing prior to engaging in motion

practice so that applications can be heard promptly. E-filed motions must comply with 22 NYCRR

202.5-b. To view instructions on how to e-file, click here, scroll down to “Supreme Court – Civil

Term” and click “read more.”

Trials in Part 20

IN ADVANCE OF TRIAL:

Prior to the commencement of trial, counsel shall submit the following to the Court via

QSCPART20@nycourts.gov:

• marked pleadings and the bill of particulars;

• witness lists;

• exhibit lists;

• proposed jury instructions; and

• proposed verdict sheets.

A party intending to use deposition transcripts must furnish a printed copy to the Court. The Court

may preclude the use of transcripts of deposition testimony which are not provided to the Court.

MOTIONS IN LIMINE:

On the first appearance in the Part 20 for trial, any party intending to make a motion in limine shall

submit a brief written affirmation setting forth the nature of the application and any supporting

statutory or case law. The party shall furnish the Court with an original and provide counsel for all

parties with a copy.

ADJOURNMENTS:

No adjournments or delays during trial will be accepted unless exigent circumstances exist.

FOR VIRTUAL PROCEEDINGS, PLEASE REFER TO THE COURT’S VIRTUAL BENCH

TRIAL PROTOCOLS AND PROCEDURES: summary-bench-trials-11-jd-queens-civil-supreme-

31086

SUMMARY JURY TRIALS

For information concerning Summary Jury Trials please click here.

Please be advised that once a case has been assigned by the Trial Scheduling Part to Part 20 as a

regular trial, it cannot be converted to a Summary Jury Trial.

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Infant Compromise Orders in Part 20

APPLICATIONS FOR INFANT COMPROMISE ORDERS:

Applications for Infant Compromise Orders shall be made pursuant to CPLR §1207(a) and shall be

supported by the documentation required under CPLR §1208 and 22 NYCRR §202.67.

Applications submitted without the appropriate documentation will be denied.

Infant compromise hearings will be scheduled by the Court and the parties will be notified of the

hearing date by email.

CHECKLIST OF DOCUMENTS AND INFORMATION TO BE SUBMITTED:

A checklist of documents and information that must be submitted can be found here.

Settlements and Discontinuances in Part 20

SETTLED, DISCONTINUED, AND DISPOSED ACTIONS:

If an action is settled, discontinued or otherwise disposed of, counsel shall immediately inform the

Court by submission of a copy of the stipulation or a letter directed to the Clerk of the Part. All

Stipulations of Discontinuances must be accompanied by proof of filing with the County Clerk and

payment of the appropriate fee. [CPLR § 8020(d)(1)].

ALTERNATIVE DISPUTE RESOLUTION IN THE COURTS:

Any party interested in pursuing ADR through the Court’s ADR program may contact the Queens

Supreme Court ADR Coordinator by emailing qscadr@nycourts.gov.

All parties shall be included on all emails to the ADR Coordinator.

Ex Parte Orders

All Ex Parte orders shall be submitted along with an affirmation in support and any necessary

affidavits and exhibits.

REQUESTS TO SUBSTITUTE BANKS (e.g., Signature Bank)

Requests to substitute banks named in Judgments and Orders of this Court (e.g., Signature Bank)

may be submitted as Ex Parte Orders. Said orders shall be submitted on notice to all parties and

shall include at least two suggested substitute banks which have agreed to accept such accounts.

REQUESTS TO APPOINT A RECEIVER

All Orders to appoint a receiver shall be submitted on written notice to all defendants, even if not

required by the mortgage. The movant shall also submit a list of three names from the approved

fiduciary list who, if appointed by the Court, agree to accept the appointment as receiver.

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Use of Generative Artificial Intelligence

Any party, whether appearing pro se or through counsel, who utilizes any generative artificial

intelligence (“AI”) tool (for example, ChatGPT, Westlaw CoCounsel, or Lexis +AI) in preparation

of any documents to be filed with the Court must disclose in the document that AI was used and

the specific AI tool that was used. The unrepresented party or attorney must further certify in the

document that the person has checked the accuracy of any portion of the document drafted by

generative AI, including all citations, legal authority, and the recitation of facts. If generative AI is

utilized in the preparation of any documents filed with the Court, the unrepresented party or

attorney will be held responsible for the contents thereof. The failure to make the disclosure and

certification described herein may result in the denial of any application and the imposition of

sanctions.

Affirmations

Attorneys are cautioned that CPLR 2106 now applies to affirmations executed by both attorneys

and non-attorneys. The submission of an affirmation that does not comply with the requirements

of CPLR 2106 may result in the denial of any application.

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