(a) Divisions of the court shall be designated as follows:

(1) The Civil Court of the City of New York, County of Bronx.

(2) The Civil Court of the City of New York, County of Kings.

(3) The Civil Court of the City of New York, County of New York.

(4) The Civil Court of the City of New York, County of Queens.

(5) The Civil Court of the City of New York, County of Richmond.

(b) In each division there shall be held such terms as the Chief Administrator of the Courts shall designate. A term of court is a four-week session of court and there shall be 13 terms of court in a year, unless otherwise provided in the annual schedules of terms established by the Chief Administrator, which shall also specify the dates of such terms.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

(a) General. A part of court is a designated unit of the court in which specified business of the court is to be conducted by a judge or quasi- judicial officer.

(b) Number and Types. In each division there shall be such number of calendar parts, trial parts, motion parts, conference parts, multipurpose parts, and other special parts of court, and any combination thereof, as may be established from time to time by the Chief Administrator of the Courts. There shall also be one or more small claims parts in each division for the hearing and disposition of all small claims proceedings, as the Chief Administrator may establish.

(1) Calendar Part. A calendar part is a part of court for the maintaining and calling of a calendar of cases, and for the hearing and disposition of all motions and applications, including orders to show cause and applications for adjournments, in civil actions that have been placed on a reserve or ready calendar but not yet assigned to a trial part.

(2) Trial Part. A trial part is a part of court for the trial of civil actions and for the hearing and determination of all motions and applications, including orders to show cause, made after an action is assigned to a trial part.

(3) Motion Part. A motion part is a part of court for the hearing and determination of motions and applications that are not otherwise required by this Part to be made in a calendar part, trial part or conference part.

(4) Conference Part. A conference part is a part of court for the precalendar or pretrial conference of actions as may be provided by this Part or by order of the Chief Administrator.

(5) Multipurpose Part. A multipurpose part is a part of court for the performance of the functions of a calendar part, a trial part, a motion part, a conference part, as well as other special parts of court, or any combination thereof.

(6) Additional Parts. Additional parts, including parts with special or limited functions, may be established from time to time by order of the Chief Administrator for such purposes as may be assigned by the Chief Administrator.

(7) Transfer of Actions. By order of the Chief Administrator, proceedings and matters may be transferred, as the Chief Administrator deems necessary, from one part of court to another in the same division, regardless of the denomination of the parts.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

The party causing the first paper to be filed shall obtain an index number and communicate it forthwith to all other parties to the action. Thereafter such number shall appear on the outside cover and first page, to the right of the caption, of every paper tendered for filing in the action. Each such cover and first page also shall contain an indication of the county of venue and a brief description of the nature of the paper. In addition to complying with the provisions of CPLR 2101, every paper filed in court shall have annexed thereto appropriate proof of service on all parties where required, and every paper, other than an exhibit or printed form, shall contain writing on one side only, and if typewritten, shall have at least a double space between each line, except for quotations and the names and addresses of attorneys appearing in the action, and shall have at least one-inch margins.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 208.05 Submission of papers to judge.

All papers for signature or consideration of the court shall be presented to the clerk of the trial court in the appropriate courtroom or at the clerk's office, except that where the clerk is unavailable or the judge so directs, papers may be submitted to the judge and a copy filed with the clerk at the first available opportunity. All papers for any judge that are filed in the clerk's office shall be promptly delivered to the judge by the clerk. The papers shall be clearly addressed to the judge for whom they are intended and prominently show the nature of the papers, the title and index number of the action in which they are filed, and the name of the attorney or party submitting them.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 208.06 Summons.

(a) The summons shall state the county division and location of the court in which the action is brought, as well as the names of the parties, and shall comply with all the provisions of the NYCCCA applicable to summonses.

(b) The following form is to be used in all cases:

YOU ARE HEREBY SUMMONED to appear in the Civil Court of the City of New York, County of..... at the office of the Clerk of the said Court at ..... in the County of ..... City and State of New York, within the time provided by law as noted below and to file your answer to the (endorsed summons) (annexed complaint) [FNa1] with the Clerk; upon your failure to answer, judgment will be taken against you for the sum of $..... with interest thereon from the ..... day of ..... 19..... , together with the costs of this action.

Dated, the______ day of ______ 19_______

NOTE: The law provides that:

(a) if this summons is served by its delivery to you personally within the City of New York, you must appear and answer within TWENTY days after such service; or

(b) if this summons is served by delivery to any person other than you personally, or is served outside the City of New York, or by publication, or by any means other than personal delivery to you within the City of New York, you are allowed THIRTY days after the proof of service thereof is filed with the Clerk of this Court within which to appear and answer.

[FNa1] If the cause of action is for money only and a formal complaint is not attached to the summons, strike the words "annexed complaint." If a formal complaint is attached to the summons, strike the words " endorsed summons."

(c) Where a defendant appears by an attorney, a copy of his answer shall be served upon the plaintiff's attorney, or upon the plaintiff if the plaintiff appears in person, at or before the time of filing the original answer with proof of service thereof.

(d) In any action arising from a consumer credit transaction, if the form of summons provided for in subdivision (b) of this section is used:

(1) The summons shall have prominently displayed at the top thereof the words CONSUMER CREDIT TRANSACTION and the following additional legend or caveat printed in not less than 12-point bold upper case type:

IMPORTANT!! YOU ARE BEING SUED!!

THIS IS A COURT PAPER--A SUMMONS! DON'T THROW IT AWAY!! TALK TO A LAWYER RIGHT AWAY!! PART OF YOUR PAY CAN BE TAKEN FROM YOU (GARNISHEED). IF YOU DO NOT BRING THIS TO COURT, OR SEE A LAWYER, YOUR PROPERTY CAN BE TAKEN AND YOUR CREDIT RATING CAN BE HURT!! YOU MAY HAVE TO PAY OTHER COSTS TOO!! IF YOU CAN'T PAY FOR YOUR OWN LAWYER, BRING THESE PAPERS TO THIS COURT RIGHT AWAY. THE CLERK (PERSONAL APPEARANCE) WILL HELP YOU!!

(2) Where a purchaser, borrower or debtor is a defendant, the summons shall have set forth beneath the designation of the basis of venue the county of residence of a defendant, if one resides within the State, and the county where the consumer credit transaction took place, if it is within the State.

(3) The summons also shall contain a translation in Spanish as follows:

TRANSACCION DE CREDITO DEL CONSUMIDOR

!IMPORTANTE! UD. HA SIDO DEMANDADO!

ESTE ES UN DOCUMENTO LEGAL--UNA CITACION

!NO LA BOTE! !CONSULTE CON SU ABOGADO ENSEGUIDA! LE PUEDEN QUITAR PARTE DE SU SALARIO (EMBARGARLO). !SI UD. NO SE PRESENTA EN LA CORTE CON ESTA CITACION LE PUEDEN CONFISCAR SUS BIENES (PROPIEDAD) Y PERJUDICAR SU CREDITO! !TAMBIEN ES POSIBLE QUE TENGA QUE PAGAR OTROS GASTOS LEGALES (COSTAS)! SI UD. NO TIENE DINERO PARA UN ABOGADO TRAIGA ESTOS PAPELES A LA CORTE IMMEDIATAMENTE. VENGA EN PERSONA Y EL SECRETARIO DE LA CORTE LE AYUDARA.

Al demandado arriba mencionado:

USTED ESTA CITADO a comparecer en la Corte Civil de la Ciudad de Nueva York, Condado de..... a la oficina del Jefe Principal de dicha Corte en ..... en el Condado de ..... Ciudad y Estado de Nueva York, dentro del tiempo provisto por la ley segun abajo indicado y a presentar su respuesta a la (citacion endorsada) (demanda) [FNa1] al Jefe de la Corte; si usted no comparece a contestar, se rendira sentencia contra usted en la suma de $..... con intereses en dicha cantidad desde el dia .....de 19..... , incluyendo las costas de esta causa.

Fechado, el dia..... de 19.....

[FNa1]Si la causa de accion es para dinero solamente y no esta una demanda formal junto a la citacion, tache las palabras "demanda anexada." Si una demanda formal esta junto a la citacion, tache las palabras " citacion endorsada."

NOTA: La Ley provee que:

(a) Si esta citacion es entregada a usted personalmente en la Ciudad de Nueva York, usted debe comparecer y responderia dentro de VIENTE dias despues de la entrega; o

(b) Si esta citacion es entregada a otra persona que no fuera usted personalmente, o si fuera entregada afuera de la Ciudad de Nueva York, o por medio de publicacion, o por otros medios que no fueran entrega personal a usted en la Ciudad de Nueva York, usted tiene TREINTA dias para comparacer y responder la demanda, despues de haberse presentado prueba de entrega de la citacion al Jefe de esta Corte.

(e) In a case in which a notice of motion for summary judgment in lieu of a complaint (pursuant to CPLR 3213 and NYCCCA 1004) is annexed to the summons, the following form of summons is to be used:

YOU ARE HEREBY SUMMONED and required to submit to plaintiff' s attorney your answering papers on this motion within the time provided in the notice of motion annexed hereto. In the case of your failure to submit answering papers, summary judgment will be taken against you by default for the relief demanded in the notice of motion.

Dated, the_______ day of_______, 19_______

(f) In any action arising from a consumer credit transaction, if the form of summons provided for in subdivision (e) of this section is used:

(1) The summons shall have prominently displayed at the top thereof the words CONSUMER CREDIT TRANSACTION and the following additional legend or caveat printed in not less than 12-point bold upper case type:

IMPORTANT!! YOU ARE BEING SUED!!

THIS IS A COURT PAPER--A SUMMONS

DON'T THROW IT AWAY!! TALK TO A LAWYER RIGHT AWAY!! PART OF YOUR PAY CAN BE TAKEN FROM YOU (GARNISHEED). IF YOU DO NOT BRING THIS TO COURT, OR SEE A LAWYER, YOUR PROPERTY CAN BE TAKEN AND YOUR CREDIT RATING CAN BE HURT!! YOU MAY HAVE TO PAY OTHER COSTS TOO!! IF YOU CAN'T PAY FOR YOUR OWN LAWYER, BRING THESE PAPERS TO THIS COURT RIGHT AWAY. THE CLERK (PERSONAL APPEARANCE) WILL HELP YOU!!

(2) Where a purchaser, borrower or debtor is a defendant, the summons shall have set forth beneath the designation of the basis of venue the county of residence of a defendant, if one resides within the State, and the county where the consumer credit transaction took place, if it is within the State.

(3) The summons also shall contain a translation in Spanish as follows:

TRANSACCION DE CREDITO DEL CONSUMIDOR

!IMPORTANTE! !UD. HA SIDO DEMANDADO!

ESTE ES UN DOCUMENTO LEGAL--UNA CITACION

!NO LA BOTE! !CONSULTE CON SU ABOGADO ENSEGUIDA! LE PUEDEN QUITAR PARTE DE SU SALARIO (EMBARGARLO). !SI UD. NO SE PRESENTA EN LA CORTE CON ESTA CITACION LE PUEDEN CONFISCAR SUS BIENES (PROPIEDAD) Y PERJUDICAR SU CREDITO! !TAMBIEN ES POSIBLE QUE TENGA QUE PAGAR OTROS GASTOS LEGALES (COSTAS)! SI UD. NO TIENE DINERO PARA UN ABOGADO TRAIGA ESTOS PAPELES A LA CORTE IMMEDIATAMENTE. VENGA EN PERSONA Y EL SECRETARIO DE LA CORTE LE AYUDARA.

Corte Civil de La Ciudad de Nueva York No. de Epigrafe....

Condado de..... CITACION

USTED ESTA CITADO y obligado a entregar al abogado del Demandante su contestacion a esta peticion dentro del tiempo indicado en el aviso adjunto. En el caso que usted no entregue su contestacion, se dictara sentecia sumaria contra usted por incumplimiento por la suma demandada en la peticion de demanda.

Fechado, el dia_______ de 19_______

(g) In any action arising from a consumer credit transaction, a default judgment shall not be entered against the defendant unless the plaintiff first shall have submitted to a judge or to the clerk of the court proof, by affidavit or otherwise, that the summons served upon the defendant had displayed and set forth on its face the words and added legend or caveat required by subdivisions (d) and (f) of this section.

(h) Additional mailing of notice on an action arising from a
consumer credit transaction
(1) At the time of filing with the clerk of the proof of service of the summons and complaint in an action arising from a consumer credit transaction, or at any time thereafter, the plaintiff shall submit to the clerk a stamped envelope addressed to the defendant together with a written notice, in both English and Spanish, containing the following language:

CIVIL COURT. CITY OF NEW YORK
TRIBUNAL CIVIL DE LA CIUDAD DE NUEVA YORK
COUNTY OF ________________________ INDEX (LIBRO) NO. ___________
Plaintiff/Demandante________________________ Defendant/Demandado______________

ATTENTION: A SUMMONS AND COMPLAINT HAS BEEN FILED ON A CONSUMER CREDIT TRANSACTION ASKING THE COURT TO RENDER A JUDGMENT AGAINST YOU. YOU MAY WISH TO CONTACT AN ATTORNEY. YOU MUST ANSWER AT THE LOCATION AND WITHIN THE TIME SPECIFIED ON THE SUMMONS. IF YOU DO NOT APPEAR IN COURT THE COURT MAY GRANT A JUDGMENT AGAINST YOU. IF A JUDGMENT IS GRANTED AGAINST YOU YOUR PROPERTY CAN BE TAKEN. PART OF YOUR PAY CAN BE TAKEN FROM YOU (GARNISHEED), AND YOUR CREDIT RATING CAN BE AFFECTED. IF YOU HAVE NOT RECEIVED THE SUMMONS AND COMPLAINT GO TO THE CIVIL COURT CLERK'S OFFICE SPECIFIED ON THE RETURN ADDRESS AND BRING THIS NOTICE WITH YOU.

ATENCIÓ N: BASADO EN UNA TRANSACCIÓ N DE CRÉDITO AL CONSUMIDOR, SE HA SOMETIDO UNA QUERELLA Y UNA CITACIÓN JUDICIAL ANTE EL TRIBUNAL CIVIL, SOLICITÁNDO QUE SE EMITA UN FALLO JUDICIAL EN CONTRA SUYA, POR LO QUE USTED QUERRÁ COMUNICARSE CON UN ABOGADO. USTED TIENE QUE SOMETER UNA RESPUESTA ANTE EL TRIBUNAL, EN EL LUGAR Y EL MOMENTO INDICADO EN LA CITACIÓ N. SI NO COMPARECE ANTE EL TRIBUNAL, SE PUEDE EMITIR UN FALLO JUDICIAL EN SU CONTRA. DE SER ASI, SUS PERTENENCIAS PUEDEN SER EMBARGADAS, PARTE DE SU SALARIO PUEDE SER EMBARGADO Y LA CLASIFICACIÓ N DE SU CRÉDITO PUEDE SER AFECTADA NEGATIVAMENTE. SI NO HA RECIBIDO LA CITACIÓ N Y LA QUERELLA, DIRIJASE AL DESPACHO DEL SECRETARIO JUDICIAL INDICADO EN LA DIRECCIÓN DEL REMITENTE Y TRAIGA ESTA NOTIFICACIÓN CON USTED.

The face of the envelope shall be addressed to the defendant at the address at which process was served in the summons and complaint, and shall contain the defendant's name, address (including apartment number) and zip code. The face of the envelope also shall contain, in the form of a return address, the appropriate address of the clerk's office to which the defendant should be directed. These addresses are:

Bronx: Civil Court of the City of New York
851 Grand Concourse
Basement
Bronx, NY 10451

Kings: Civil Court of the City of New York
141 Livingston Street
Room 302
Brooklyn, New York 11201

New York: Civil Court of the City of New York
111 Centre Street, Room 118
New York, New York 10013

Queens: Civil Court of the City of New York
89-17 Sutphin Boulevard, Room 147
Jamaica, New York 11435

Richmond: Civil Court of the City of New York
927 Castleton Avenue, Basement
Staten Island, New York 10310

(2) The clerk promptly shall mail to the defendant the envelope containing the additional notice set forth in paragraph (1). No default judgment based on defendant's failure to answer shall be entered unless there has been compliance with this subdivision and at least 20 days have elapsed from the date of mailing by the clerk.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Added Part 208.6(h) on Jan. 29, 2008 [previous version]

Section 208.07 Pleadings.

(a) Except as required by statute, a formal pleading may be dispensed with in any case in which the party required to serve the pleading appears in person, and an order to that effect may be entered ex parte by the judge presiding at the appropriate motion part, upon application to the clerk, who shall refer the same to such judge. Any other party may move at the appropriate motion part to modify or vacate such ex parte order.

(b) All formal pleadings in this court and verifications thereof shall be in conformity with CPLR article 30.

(c) An order directing the service and filing of a formal pleading, or pleadings, shall specify the time within which the same shall be served and filed.

(d) A defendant's time to move or answer may be extended by ex parte order no more than once, and for no longer than 10 days beyond the expiration of the original time to answer, and only if there has been no previous extension by consent. All further applications for extensions shall be made by motion upon notice returnable in the part designated to hear motions on notice.

(e) In any action to recover damages for personal injuries arising out of use or operation of a motor vehicle, plaintiff shall set forth in the complaint, whether in short or long form, the jurisdictional facts that permit plaintiff to maintain the action and avoid the bar of the Comprehensive Automobile Insurance Reparations Act.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 208.08 Venue.

(a) Motions for a change of venue. Motions for a change of venue shall be heard in the county division of the court in which the action was instituted. An order of transfer shall direct the disposition of the papers then on file.

(b) Venue of Transitory Action Laid in Wrong County Division. The clerk shall not accept a summons for filing when it appears upon its face that the proper venue is a county division other than the one where it is offered for filing. The clerk shall stamp upon the summons the date of such rejection and shall enter the date of such rejection in a register maintained by him, together with the county division in which the summons should be filed. Where the wrong county division is stated in the summons, the time of the defendant to appear or answer shall be the later of:

(1) the original time to answer; or

(2) the date 10 days after the summons is filed in the proper county division, with proof of service upon the defendant by registered or certified mail of notice stating:

(i) the proper county division;

(ii) the date of filing of the summons;

(iii) the date within which the answer or notice of appearance is to be filed; and

(iv) the address at which it is to be filed.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.
Amended 208.8 on Nov. 7, 2005.

Section 208.09 Preliminary conference.

(a) The Chief Administrator of the Courts may designate a specific class or specific classes of cases in one or more counties to be subject to this section.

(b) The plaintiff in a class of cases designated by the Chief Administrator pursuant to subdivision (a) shall request a preliminary conference within 45 days after joinder of issue. The request shall state the title of the action; index number; date of joinder of issue; name, address, and telephone number of all attorneys appearing in the action; and the nature of the action. The request shall be served on all other parties and filed with the clerk together with stamped postcards addressed to all parties. The court shall order a preliminary conference in the action upon compliance with the requirements of this subdivision.

(c) The clerk shall notify all parties of the scheduled conference date, which shall be not more than 45 days from the date the request for a preliminary conference is filed unless the court orders otherwise. A form of stipulation and order, prescribed by the Administrative Judge, shall be made available which the parties may sign, agreeing to a timetable which shall provide for completion of disclosure. If all parties sign the form and return it to the court before the scheduled preliminary conference, such form shall be “so ordered” by the court, and, unless the court orders otherwise, the scheduled preliminary conference shall be canceled. If such stipulation is not returned signed by all parties, the parties shall appear at the conference. Except where a party appears in the action pro se, an attorney thoroughly familiar with the action and authorized to act on behalf of the party shall appear at such conference.

(d) The matters to be considered at the preliminary conference shall include:

(1) the simplification and limitation of factual and legal issues, where appropriate;

(2) establishment of a timetable for the completion of all disclosure proceedings;

(3) addition of other necessary parties;

(4) settlement of the action;

(5) any other matters that the court may deem relevant.

(e) At the conclusion of the conference the court shall make a written order including its directions to the parties as well as any stipulations of counsel.

(f) When a notice of trial and certificate of readiness is filed pursuant to section 208.17 of this Part in an action to which this section is applicable, the filing party, in addition to complying with all other applicable rules of the court, shall file with the notice of trial and certificate of readiness an affirmation or affidavit, with proof of service on all parties who have appeared, showing specific compliance with the preliminary conference order or with the so-ordered stipulation provided for in subdivision (c) of this section.

(g) In the discretion of the court, failure by a party to comply with the order resulting from the preliminary conference, or with the so-ordered stipulation provided for in subdivision (c) of this section, or the making of unnecessary or frivolous motions by a party, may result in the imposition upon such party of costs or such other sanctions as are authorized by law.

(h) A party may move to advance the date of a preliminary conference upon a showing of special circumstances.

(i) Motions in actions to which this section is applicable made before the preliminary conference is held may be denied or marked off the calendar unless good cause is shown why such relief is warranted before that time.

(j) No action or proceeding to which this section is applicable shall be deemed ready for trial unless there is compliance with the provisions of this section and any order issued pursuant thereto.

(k) The court, in its discretion, may order such further conferences as it may deem helpful or necessary at any time in a matter before the court to which this section is applicable.

(l) At the discretion of the Administrative Judge, a judicial hearing officer may preside at a preliminary conference scheduled pursuant to this section.

Added 208.9 on Nov. 7, 2005.

Section 208.10 Calendaring of motions; uniform notice of motion form.

(a) There shall be compliance with the procedures prescribed in the NYCCCA and the CPLR for the bringing of motions. In addition, no motion shall be placed on the calendar for hearing in the appropriate part unless a notice of motion is served and filed with the motion papers. The notice of motion shall read substantially as follows:

Upon the affidavit of_____, sworn to on _____19_____, and upon (list supporting papers if any), the_____will move this court at_____(specify the Part), at the _____Courthouse,_____, _____, New York, on the_____day of_____, 19_____, at 9:30 a.m. for an order (briefly indicate relief requested).¹

The above-entitled action is for (briefly state nature of action, e.g., personal injury, contract, property damage, etc.). This action (is)(is not) on a trial calendar. If on a trial calendar, the calendar number is_____

Pursuant to CPLR 2214(b), answering affidavits, if any, are required to be served upon the undersigned at least seven days before the return date of the motion.

[ ]
(check if applicable)

Dated:

(b) The notice of motion set forth in subdivision (a) of this section shall not be required for the return of an order to show cause or an application for ex parte relief.

¹If motion is to reargue, vacate or extend, modify or otherwise affect a prior order, state the name of the judge who decided the prior order.

²If any person is appearing pro se, the name, address and telephone number of such party shall be stated.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 208.11 Motion parts; motion calendars; motion procedure.

(a) Motion Parts and Calendars. There shall be such motion parts and motion calendars as the Chief Administrator of the Courts shall designate.

(b) Motion Procedure.

(1) All contested motions and proceedings shall be returnable at 9:30 a.m. unless an earlier time is directed by the court. The moving party shall serve copies of all affidavits and briefs upon the adverse parties at the time of service of the notice of motion. The answering party shall serve copies of all affidavits and briefs as required by CPLR 2214. Affidavits shall be for a statement of the relevant facts, and briefs shall be for a statement of the relevant law. Unless otherwise directed by the court, answering and reply affidavits and all other papers required to be furnished to the court by CPLR 2214(c) must be filed no later than the time of argument or submission of the motion.

(2) A judge presiding in any part of court where motions are returnable may determine that any or all motions in that part be orally argued and may direct that moving and responding papers be filed with the court prior to the time of argument.

(3) Unless oral argument has been requested by a party and permitted by the court, or directed by the court, motion papers received by the clerk of the court on or before the return date shall be deemed submitted as of the return date. Attendance by counsel or pro se party at the calendar call shall not be required unless:

(i) a party intends to make an application to the court that is not on the consent of all parties;

(ii) attendance of counsel or oral argument is directed by the court; or

(iii) oral argument is requested by a party.Attendance by counsel for a party not requesting oral argument is not required where the hearing of oral argument is based solely upon the request of another party. A party requesting oral argument shall set forth such request in its notice of motion or on the first page of the answering papers, as the case may be. A party requesting oral argument on a motion brought on by an order to show cause shall do so as soon as practicable before the time the motion is to be heard.

(4) Where there is an issue of fact to be tried the court may, in its discretion, order an immediate trial of such issue, in which event the action shall be referred to the administrative judge or a designee for assignment.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 208.12 Videotape recording of depositions.

Depositions authorized under the provisions of the CPLR or other law may be taken, as permitted by subdivision (b) of section 3113 of the CPLR, by means of simultaneous audio and visual electronic recording, provided such recording is made in conformity with section 202.15 of the Rules of the Chief Administrator (22 NYCRR 202.15).

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 208.13 Exchange of medical reports in personal injury and wrongful death actions.

Except where the court otherwise directs, in all actions in which recovery is sought for personal injuries, disability or death, physical examinations and the exchange of medical information shall be governed by the provisions hereinafter set forth:

(a) At any time after joinder of issue and service of a bill of particulars, the party to be examined or any other party may serve on all other parties a notice fixing the time and place of examination. Unless otherwise stipulated the examination shall be held not less than 30 nor more than 60 days after service of the notice. If served by any party other than the party to be examined, the notice shall name the examining medical provider or providers. If the notice is served by the party to be examined, the examining parties shall, within 10 days of receipt thereof, submit to the party to be examined the name of the medical providers who will conduct the examination. Any party may move to modify or vacate the notice fixing the time and place of examination or the notice naming the examining medical providers, within 10 days of the receipt thereof, on the grounds that the time or place fixed or the medical provider named is objectionable, or that the nature of the action is such that the interests of justice will not be served by an examination, exchange of medical reports or delivery of authorizations.

(b) At least 20 days before the date of such examination, or on such other date as the court may direct, the party to be examined shall serve upon and deliver to all other parties the following, which may be used by the examining medical provider:

(1) copies of the medical reports of those medical providers who have previously treated or examined the party seeking recovery. These shall include a recital of the injuries and conditions as to which testimony will be offered at the trial, referring to and identifying those X-ray and technicians' reports which will be offered at the trial, including a description of the injuries sustained, a diagnosis, and prognosis. Medical reports may consist of completed medical provider, workers' compensation, or insurance forms that provide the information required by this paragraph; and

(2) duly executed and acknowledged written authorizations permitting all parties to obtain and make copies of all hospital records and such other records, including X-ray and technicians' reports, as may be referred to and identified in the reports of those medical providers who have treated or examined the party seeking recovery.

(c) Copies of the reports of the medical providers making examinations pursuant to this section shall be served on all other parties within 45 days after completion of the examination. These shall comply with the requirements of paragraph (b)(1) of this section.

(d) In actions where the cause of death is in issue, each party shall serve upon all other parties copies of the reports of all treating or examining medical providers whose testimony will be offered at the trial, complying with the requirements of paragraph (b)(1) of this section, and the party seeking to recover shall deliver to all other parties authorizations to examine and obtain copies of all hospital records, autopsy or post-mortem reports, and such other records as provided in paragraph (b)(2) of this section. Copies of these reports and the required authorizations shall be served and delivered with the bill of particulars by the party seeking to recover. All other parties shall serve copies of the reports of their medical providers within 45 days thereafter. In any case where the interests of justice will not be promoted by service of such reports and delivery of such authorizations, an order dispensing with either or both may be obtained.

(e) Parties relying solely on hospital records may so certify in lieu of serving medical providers' reports.

(f) No case otherwise eligible to be noticed for trial may be noticed unless there has been compliance with this rule or an order dispensing with compliance or extending the time therefor has been obtained; or, where the party to be examined was served a notice as provided in subdivision (a) of this section, and the party so served has not responded thereto.

(g) In the event that the party examined intends at the trial to offer evidence of further or additional injuries or conditions, nonexistent or not known to exist at the time of service of the original medical reports, such party shall, within 30 days after the discovery thereof, and not later than 30 days before trial, serve upon all parties a supplemental medical report complying with the requirements of paragraph (b)(1) of this section, and shall specify a time, not more than 10 days thereafter and a place at which a further examination may be had. Further authorizations to examine and make copies of additional hospital records, other records, X-ray or other technicians' reports as provided in paragraph (b)(2) of this section must also be delivered with the medical reports. Copies of the reports of the examining medical providers, complying with the requirements of subdivision (c) of this section, shall be served within 10 days after completion of such further examination. If any party desires at the trial to offer the testimony of additional treating or examining medical providers, other than whose medical reports have been previously exchanged, the medical reports of such medical providers, complying with the requirements of paragraph (b)(1) of this section shall be served upon all parties at least 30 days before trial.

(h) Unless an order to the contrary is made, or unless the judge presiding at the trial in the interests of justice and upon a showing of good cause shall hold otherwise, the party seeking to recover damages shall be precluded at the trial from offering in evidence any part of the hospital records and all other records, including autopsy or post-mortem records, X-ray reports or reports of other technicians, not made available pursuant to this rule, and no party shall be permitted to offer any evidence of injuries or conditions not set forth or put in issue in the respective medical reports previously exchanged, nor will the court hear the testimony of any treating or examining medical providers whose medical reports have not been served as provided by this rule.

(i) Orders transferring cases pending in other courts which are subject to the provisions of this section, whether or not such cases are consolidated with cases pending in the court to which transferred, shall contain such provisions as are required to bring the transferred cases into compliance with this rule.

(j) Any party may move to compel compliance or to be relieved from compliance with this rule or any provision thereof, but motions directed to the sufficiency of medical reports must be made within 20 days of receipt of such reports. All motions under this rule may be made on affidavits of attorneys, shall be made on notice, returnable at the appropriate motion part and shall be granted or denied on such terms as to costs, calendar position and dates of compliance with any provision of this rule as the court in its discretion shall direct.

(k) Where an examination is conducted on consent prior to the institution of an action, the party to be examined shall deliver the documents specified in paragraphs (b)(1) and (2) of this section, and the report of the examining medical provider shall be delivered as provided in subdivision (c) of this section. In that event examination after institution of the action may be waived. The waiver, which shall recite that medical reports have been exchanged and that all parties waive further physical examination, shall be filed with the note of issue. This shall not be a bar, however, to proceeding under subdivision (g) of this section in a proper case.

Historical Note
Sec. filed Jan. 9, 1986; amd. filed May 4, 1998 eff. April 17, 1998. Amended (a)-(e), (g)-(h), (k).

Section 208.14 Calendar default; restoration; dismissal.

(a) Applicability. This section governs calendar defaults, restorations and dismissals, other than striking a case from the calendar pursuant to a motion under section 208.17 of this Part relating to the notice of trial and certificate of readiness.

(b) At any scheduled call of a calendar or at a pretrial conference, if all parties do not appear and proceed or announce their readiness to proceed immediately or subject to the engagement of counsel, the judge presiding may note the default on the record and enter an order as follows:

(1) If the plaintiff appears but the defendant does not, the judge may grant judgment by default or order an inquest.

(2) If the defendant appears but the plaintiff does not, the judge may dismiss the action and may order a severance of counterclaims or cross- claims.

(3) If no party appears, the judge may strike the action from the calendar or make such other order as appears just.

(c) Actions stricken from the calendar may be restored to the calendar only upon stipulation of all parties so ordered by the court or by motion on notice to all other parties, made within one year after the action is stricken. A motion must be supported by affidavit by a person having firsthand knowledge, satisfactorily explaining the reasons for the action having been stricken and showing that it is presently ready for trial.

(d) If an order of restoration is granted, it shall provide that a new notice of trial be filed forthwith and that the case be placed on the general trial calendar in its regular place as of the date of filing the new notice of trial, unless the court in its discretion orders otherwise. A copy of the order shall be served on the calendar clerk and the case shall receive a new calendar number followed by the letter "R" to designate the case as having been restored. Absent exceptional circumstances, if a restored case is not ready when reached, it shall forthwith be dismissed or an inquest or judgment ordered as provided in subdivision (b) of this section.

(e) Applications to restore an action to the ready calendar in the event of a reversal or a direction of a new trial by an appellate court, shall be made returnable in the appropriate motion part, except that if all parties do not appear by attorney, the clerk shall, without formal application, restore the action to the ready calendar.

(f) When an action has been tried and the jury has disagreed, or a verdict set aside, or there has been a mistrial for any reason, or if no decision has been made or judgment rendered within the time specified in the CPLR, or if the court has ordered a new trial under CPLR 4402, such action must be restored to the appropriate ready calendar for a day certain to be fixed by the court.

Historical Note
Sec. filed Jan. 9, 1986; amd. filed Nov. 12, 1998 eff. Nov. 5, 1998. Amended (d).

Section 208.15 Transfer of actions.

Actions transferred from the Supreme Court to the Civil Court of the City of New York shall be placed in such order and relative position on the appropriate calendars that they will be reached for trial insofar as practicable as if a notice of trial had been filed in the Civil Court of the City of New York for the same date as that for which the note of issue was filed in the Supreme Court.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 208.16 Discontinuance of actions.

In any discontinued action, the attorney for the plaintiff shall file a stipulation or statement of discontinuance with the clerk of the court within 20 days of such discontinuance. If the action has been noticed for judicial activity within 20 days of such discontinuance, the stipulation or statement shall be filed before the date scheduled for such activity.

Historical Note
Sec. filed Jan. 9, 1986; repealed, new filed April 27, 1993 eff. April 14, 1993.

Section 208.17 Notice of trial where all parties appear by attorney.

(a) The notice of trial filed by any party pursuant to NYCCCA 1301 shall be accompanied by a certificate of readiness, with proof of service on all parties, in the form prescribed by this section. The notice of trial shall include the index number, name, office address and telephone number of each attorney and pro se party who has appeared, and the name of any insurance carrier acting on behalf of any party.

(b) The clerk shall not place any matter on a trial calendar unless there has been compliance with this rule by the party seeking to place the matter on the calendar.

(c) Within 20 days after service of such notice of trial, any party may move to strike the action from the calendar or to keep it from being placed thereon. The affidavit in support of the application must specify the reason the action is not entitled to be on the calendar.

(d) After any action has been placed on the trial calendar pursuant to this rule, no pretrial examination or other preliminary proceedings may be had, except that if some unusual or unanticipated conditions subsequently develop which make it necessary that further pretrial examination or further preliminary proceedings be had, and if without them the moving party would be unduly prejudiced, the court may make an order granting permission to conduct such examination or proceedings and prescribing the time therefor. Such an order may be made only upon motion on notice showing in detail, by affidavit, the facts claimed to entitle the moving party to relief under this subdivision.

(e) Where a party filing a notice of trial, in a medical malpractice action or an action against a municipality, seeking a sum of money only, is prohibited by the provisions of CPLR 3017(c) from stating in the pleadings the amount of damages sought in the action, the party shall indicate in the notice of trial whether the amount of damages exceeds $6,000, exclusive of costs and interest. If it does not, the party shall also indicate if it exceeds $2,000, exclusive of costs and interest.

(f) The certificate of readiness shall read substantially as follows:

CERTIFICATE OF READINESS FOR TRIAL
(Items 1-5 must be checked)
Complete Waived Not
Required
1. All pleadings served.
2. Bill of particulars served.
3. Physical examinations completed.
4. Medical reports exchanged.
5. Discover proceedings now known to be
necessary completed.
6. There are no outstanding requests for
discovery.
7. There has been a reasonable opportunity to
complete the foregoing proceedings.
8. The case is ready for trial.
Dated: ____________
(Signature) ________________________
Attorney(s) for: ________________________
Office and P.O. address: _____________________

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 208.18 Calendars of triable actions.

There shall be such calendars as may be established, from time to time, in the discretion of the Chief Administrator of the Courts. These calendars may include:

(a)(1) General Calendar. A general calendar is for actions in which issue has been joined.

(2) Preliminary conference calendar. A preliminary conference calendar is for the calendaring for conference of cases after issue has been joined for specific classes of cases designated by the Chief Administrator of the Courts.

(b) Pretrial Conference Calendar. A pretrial conference calendar is for actions awaiting conference in a pretrial conference part. Actions shall be taken in order from the top of the general calendar or preliminary conference calendar and placed at the end of the pretrial conference calendar.

(c) Reserve Calendars. A reserve calendar is for actions in which a notice of trial, conforming to section 1301 of the NYCCCA, and a certificate of readiness have been filed. Upon the filing of such notice in any action with the clerk, at least 10 days before the day fixed for trial, the action shall be placed at the end of either the reserve jury trial calendar or the reserve nonjury trial calendar, as the case may be. Where an action is placed on a reserve nonjury trial calendar but subsequently a demand for a trial by jury is timely served and filed, the action shall immediately be transferred to the end of the reserve jury trial calendar. Once placed on a calendar, the action shall remain thereon until disposed of, stricken, transferred or otherwise removed. The calendars shall be deemed continuous and no change in the order of original placement shall be made except as provided in this Part, by court order or as may be required by provisions of law.

(d) Ready Calendars. A ready calendar is for actions that have been transferred from a reserve calendar because a trial is imminent, for noticed inquests and assessments of damages and for actions in which any party appears in person. There shall be as many ready calendars with such classifications of actions as the Chief Administrator shall direct.

(e) Continuous Calendars. In any court not continuously in session, the calendars at the close of one term or session of court shall be used to open the following term or session, and actions on the calendars shall retain their positions.

(f) Military Calendar. A military calendar shall be utilized to hold in suspense an action that cannot reasonably be tried because a party or witness is in military service. When it shall appear to the satisfaction of the judge presiding that a party to an action or a witness necessary upon the trial is in military service, and is not presently available for trial, and that a deposition cannot be taken, or, if taken, would not provide adequate evidence, the case shall be designated "military" and transferred to a military calendar. Any case on the military calendar may be removed therefrom by further order of the court or by filing with the calendar clerk, at least five days before such date, a stipulation of the parties who have appeared or a notice to restore, together with proof of service of such notice on all other parties; except that if any party appearing in person seeks such restoration, he may apply to the clerk, who shall refer his application to the judge in the appropriate calendar part for disposition upon such notice to all parties or their attorneys as the judge shall direct.

(g) Calendar Progression. With due regard to the requirements of statutory preferences and of section 208.20 of this Part, when actions are advanced from one calendar to another they shall progress from the head of one calendar to the foot of the next calendar and otherwise progress in order insofar as practicable unless otherwise determined by the court.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.
Amended 208.8 on Nov. 7, 2005.

Section 208.19 Notice of calendars.

A notice shall be published in a law journal designated by the Chief Administrator of the Courts of any and all calls of the reserve calendars at least five court days before such call. The notice shall specify the calendar numbers of the actions to be called. In the event that the call of any reserve calendar is suspended by the Chief Administrator and actions are added to the ready calendar without first being called on the reserve calendar, a notice of actions added to the ready calendar, with their calendar number, shall be published in such law journal at least five court days before the call of the reserve calendar.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 208.20 Special preferences.

(a) Any party claiming a preference under CPLR 3403 may apply to the court by making a motion in a motion part, in accordance with CPLR 3403(b), the note of issue therein referred to being deemed a preference to a notice of trial.

(b) Counterclaims and Cross-Claims. A counterclaim or cross-claim which is not entitled to a preference shall not itself defeat the plaintiff's right to a preference under this section.

(c) Result of Preference Being Granted. If a preference is granted, the action shall be placed on a ready calendar for a day certain ahead of all nonpreferred pending cases, as directed by the court, unless the court otherwise orders.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 208.21 Objection to applications for special preference.

(a) Within 20 days of the filing of the notice of trial, if the notice of motion for a special preference is filed therewith, or within 10 days of the service of a notice of motion to obtain a preference, if served and filed subsequent to service and filing of the notice of trial, any other party may serve upon all other parties and file with the clerk affidavits and other relevant papers, with proof of service, in opposition to granting the preference. In the event such opposing papers are filed, the party applying for the preference may, within five days thereafter, serve and file in like manner papers in rebuttal.

(b) In any action which has been accorded a preference in trial upon a motion filed with the clerk, the court shall not be precluded, on its own motion at any time thereafter, from restoring the action to its regular calendar position on the ground that the action is not entitled to a preference under these rules.

(c) Notwithstanding the failure of any party to oppose the application, no preference shall be granted by default unless the court finds that the action is entitled to a preference.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 208.22 Pretrial and prearbitration conference calendars.

There shall be such pretrial conference parts and calendars and such mandatory pretrial and prearbitration conferences as may be established by the Chief Administrator of the Courts. The attendance of attorneys who are familiar with the case and who are authorized to act shall be required. The court may also require the attendance of parties, and in the event of failure of attendance by attorneys or parties, the court shall have the same powers with respect to dismissals, defaults, or both as it might exercise when a case is reached for trial. Upon the pretrial conference of an action, the judge presiding shall consider with counsel and parties the simplification and limitation of the issues and the obtaining of admissions of facts and of documents to avoid unnecessary proof, as well as the ultimate disposition of the action by settlement or compromise.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 208.23 Call of reserve, ready and general calendars.

(a) Reserve calendars. At such times as the Chief Administrator of the Courts shall prescribe, there shall be a call of actions on the reserve calendars in sequence and in sufficient number to insure a steady supply of cases to the ready calendar. When such a call is held, the actions thereon, if marked "ready," shall be passed and subsequently added to the ready calendar, or may be marked "disposed" or stricken from the calendar, as may be appropriate.

(b) Ready calendars.

(1) The ready calendars shall be called at such time and in such parts as the Chief Administrator shall direct. Actions shall be called in order and shall be announced "ready," "ready subject to engagement," or "disposed." If any party does not so respond, the calendar judge shall treat the action as in default, unless for good cause shown, arising after the action appeared on the ready calendar and not reasonably discoverable or foreseeable, the judge shall direct that the action be held on the ready calendar for a period not to exceed 10 days. If the inability to proceed to trial is expected to exceed 10 days, the action shall be returned to the reserve calendar or stricken from the calendar as circumstances warrant, unless, for good cause shown, the court on application grants an adjournment.

(2) Actions announced "ready" on the call of the calendar shall be assigned in order to the available trial parts. Jury actions will be sent out for jury selection if a jury trial part is available, or scheduled for jury selection at the opening of court on the next court day or as soon as practicable thereafter. Subject to the provisions of section 208.25 of this Part, no delay will be permitted in selection of a jury, and failure of counsel to proceed as directed or to appear promptly at the directed time on the specified court day will be treated as a calendar default.

(3) The actions on the ready calendar must be answered by or on behalf of the trial counsel each day the calendar is called, unless otherwise ordered by the calendar judge, or unless trial counsel already has demonstrated an engagement during one or more days. The calendar judge may discontinue the call of the ready calendar when sufficient ready cases have been identified to fill all trial parts available on the day of the call and which are expected to become available on the next court day.

(4) When an action has been announced "ready" but no part is immediately available, counsel may arrange with the calendar judge to be summoned by telephone, provided they agree to hold themselves available and to appear on one hour's notice or at such other time as the court may order at the time and part assigned for the trial.

(c) General calendar. At such time or times and in such manner as the Chief Administrator may direct, a call shall be made of all actions on the general calendar not reached on a ready calendar.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 208.24 Day certain for trial.

(a) Applications for a day certain for trial shall be made to the calendar judge or, if no calendar part has been established, to the trial judge on an affidavit of the attorney of record or a stipulation of the attorneys for all parties, that trial counsel, a party or a material witness resides more than 100 miles from the courthouse or is in the military service or that some other undue hardship exists. Applications to the calendar judge shall be made on notice and must be made before the action is advanced to the ready calendar.

(b) If a day certain is ordered, the action shall be withheld from the ready calendar until that day, at which time it shall appear at the top of the ready calendar. Absent special circumstances, the day designated for trial shall be a date which does not in effect grant a preference to the action. Such day- certain actions shall be taken into consideration in determining the number of actions held for counsel under section 208.25 of this Part when they appear on the ready calendar.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 208.25 Engagement of counsel.

No adjournment shall be granted on the ground of engagement of counsel except in accordance with Part 125 of the Rules of the Chief Administrator of the Courts 22 NYCRR Part 125).

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 208.26 [Reserved]

Section 208.27 Submission of Papers for Trial.

(a) Upon the trial of an action, the following papers, if not yet submitted, shall be submitted to the court by the party who has filed the notice of trial:

(1) copies of all pleadings, marked as required by CPLR 4012;

(2) a copy of any statutory provision, in effect at the time the cause of action arose upon which either the plaintiff or defendant relies; and

(3) a copy of the bill of particulars, if any.

(b) If so ordered, the parties shall submit to the court, before the commencement of trial, trial memoranda which shall be exchanged among counsel.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 208.28 Absence of attorney during trial.

All trial counsel shall remain in attendance at all stages of the trial until the jury retires to deliberate unless excused by the judge presiding. The court may permit counsel to leave, provided counsel remain in telephone contact with the court. Any counsel not present during the jury deliberation, further requests to charge, or report of the jury verdict, shall be deemed to stipulate that the court may proceed in his or her absence and to waive any irregularity in proceedings taken in his or her absence.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 208.29 Traverse hearings.

Whenever the court has scheduled a hearing to determine whether process was served validly and timely upon a party, and where a process server will testify as to the service, the process server shall be required to bring to the hearing all records in the possession of the process server relating to the matter at issue. Where the process server is licensed, he or she also shall bring the license to the court.

Historical Note
Sec. filed Jan. 24, 1991 eff. Jan. 1, 1991.

Section 208.30 [Reserved]

Section 208.31 Restoration after jury disagreement, mistrial or order for new trial.

An action, in which there has been an inability by a jury to reach a verdict, a mistrial or a new trial granted by the trial judge or an appellate court, shall be restored to the ready calendar by filing a notice thereof with the appropriate clerk.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 208.32 Damages, inquest after default; proof.

(a) In an inquest to ascertain damages upon a default pursuant to CPLR 3215, if the defaulting party fails to appear in person or by representative, the party entitled to judgment, whether a plaintiff, third-party plaintiff, or a party who has pleaded a cross-claim or counterclaim, shall be permitted to submit, in addition to the proof required by CPLR 3215(e), properly executed affidavits as proof of damages.

(b) In any action where it is necessary to take an inquest before the court, the party seeking damages may submit the proof required by oral testimony of witnesses in open court or by written statements of the witnesses, in narrative or question-and-answer form, signed and sworn to.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 208.33 Submission of orders, judgments and decrees for signature.

(a) Proposed orders or judgments, with proof of service on all parties where the order is directed to be settled or submitted on notice, must be submitted for signature, unless otherwise directed by the court, within 60 days after the signing and filing of the decision directing that the order be settled or submitted.

(b) Failure to submit the order or judgment timely shall be deemed an abandonment of the motion or action, unless for good cause shown.

(c)

(1) When settlement of an order or judgment is directed by the court, a copy of the proposed order or judgment with notice of settlement, returnable at the office of the clerk of the part in which the order or judgment was granted, or before the judge if the court has so directed or if the clerk is unavailable, shall be served on all parties either:

(i) by personal service not less than five days before the date of settlement; or

(ii) by mail not less than 10 days before the date of settlement.

(2) Proposed counterorders or judgments shall be made returnable on the same date and at the same place, and shall be served on all parties by personal service, not less than two days, or by mail, not less than seven days, before the date of settlement.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 208.34 Absence or disqualification of assigned judge.

(a) Whenever a judge is temporarily absent from a multipart court, proceedings in progress or scheduled for appearance in the part presided over by that judge shall be reassigned or otherwise handled by the calendar judge, or the administrative judge if no calendar part has been established. If the judge presiding is unavailable or unable to act for more than two court days in succession, the administrative judge having direct supervisory authority over the court shall make whatever arrangements are necessary to accommodate the proceedings assigned to the judge.

(b) If a proceeding is assigned to a judge who is for any reason disqualified from hearing it, the proceeding shall be reassigned to another judge who is not disqualified, to be heard by the assigned judge as expeditiously as possible.

(c) In an emergency, when neither the calendar judge nor the administrative judge can be contacted, any other judge of or assigned to the court may act in respect to pending proceedings as may be appropriate.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 208.35 Bifurcated trials.

(a) Judges are encouraged to order a bifurcated trial of the issues of liability and damages in any action for personal injury where it appears that bifurcation may assist in a clarification or simplification of issues and a fair and more expeditious resolution of the action.

(b) Where a bifurcated trial is ordered, the issues of liability and damages shall be severed and the issue of liability shall be tried first, unless the court orders otherwise.

(c) During the voir dire conducted prior to the liability phase of the trial, if the damage phase of the trial is to be conducted before the same jury, counsel may question the prospective jurors with respect to the issue of damages in the same manner as if the trial were not bifurcated.

(d) In opening to the jury on the liability phase of the trial, counsel may not discuss the question of damages. However, if the verdict of the jury shall be in favor of the plaintiff on the liability issue or in favor of the defendant on any counterclaim on the liability issue, all parties shall then be afforded an opportunity to address the jury on the question of damages before proof in that regard is presented to the jury.

(e) In the event of a plaintiff's verdict on the issue of liability or a defendant's verdict on the issue of liability on a counterclaim, the damage phase of the trial shall be conducted immediately thereafter before the same judge and jury, unless the judge presiding over the trial, for reasons stated in the record, finds such procedures to be impracticable.

Historical Note
Sec. filed Jan. 9, 1986; amd. filed Feb. 23, 1987 eff. Feb. 9, 1987. Amended (a).

Section 208.36 Infants' and incapacitated persons' claims and proceedings.

The settlement of an action by an infant or judicially declared incapacitated person (including an incompetent or conservatee) shall comply with CPLR 1207 and 1208, section 202.67 of the Rules of the Chief Administrator (22 NYCRR 202.67) and, in the case of an infant, with section 474 of the Judiciary Law.

Historical Note
Sec. filed Jan. 9, 1986; amd. filed Sept. 22, 1993 eff. Sept. 3, 1993.

Section 208.37 Executions.

(a) No execution may be issued against any party who has appeared by an attorney in an action or proceeding unless a copy of the judgment has been duly served upon the attorney for such party.

(b) No execution may be issued against any party who has appeared in person in any action and who defaults in answering either the original or an amended or supplemental complaint, unless a copy of the judgment has been duly served upon such party personally or mailed to such party, by certified mail, at the address stated in the notice of appearance or in the last pleading or paper filed by the party with the clerk, or at the address last furnished by the party to the clerk in writing.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 208.38 Appeals.

(a) A notice of appeal shall not be accepted for filing without proof of service upon all parties.

(b) All papers which are to be included in the return on appeal and prepared by the appellant as required by the applicable provisions of the CPLR, shall be furnished by the appellant to the clerk at the time of filing the notice of settlement provided in section 1704 of the NYCCCA.

(c) In the case of the death, disability or prolonged absence from the city of the judge before whom the action was tried, the return on appeal may be settled by any judge presiding in a motion part in the county in which the judgment was entered, with the same force and effect as if he or she had tried the case.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 208.39 Procedures for the enforcement of money judgments under CPLR article 52.

(a) All subpoenas and processes for the examination of judgment debtors or other persons, including garnishees, in connection with the enforcement of money judgments, as well as adjournments thereof if made returnable in the court, shall be returnable in such motion part of each county division of the court as may be designated by the Chief Administrator of the Courts.

(b) All subpoenas and processes for the examination of judgment debtors or other persons, including garnishees, if made returnable in the court, shall be filed with the clerk of the appropriate motion part, with proper affidavits of service, at least two court days before the return day, except where service was made too late for filing within such time, in which event filing before the hour of the return shall suffice and the clerk shall list all such upon the calendar. Stipulations of adjournments, if attendance in court on the adjourned date is required, shall be similarly filed. Unless so filed, the names of the parties shall not be called; nor shall any such names be called unless they appear on a written or typewritten calendar. The judge presiding may, upon proper proof by affidavit showing good cause for the failure to file in accordance with this rule, add any matter to the calendar.

(c) No adjournment of an examination shall be valid unless reduced to writing and a copy thereof delivered to the judgment debtor or other person, including a garnishee, at the time of such adjournment, and his acknowledgment of the receipt thereof is endorsed on the original.

(d) There shall be no more than two adjournments of the examination of a judgment debtor or other person, including a garnishee, unless such additional adjournment is approved and such approval is noted on the papers by the judge presiding at a motion part.

(e) No motion shall be made upon the basis of any testimony taken in examinations unless and until such testimony has been reduced to writing and unless and until there has been compliance with the requirements of CPLR 5224(e).

(f) Every subpoena or other process providing for the examination of a judgment debtor or other person, including a garnishee, in addition to the other requirements of CPLR 5223, shall have endorsed on its face, in bold type, the words: "This subpoena or process (as the case may be) requires your personal appearance at the time and place specified. Failure to appear may subject you to fine and imprisonment for contempt of court."

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 208.40 Arbitration.

(a) Alternative method of dispute resolution by arbitration. Where the Chief Administrator of the Courts has established this arbitration program, Part 28 of the Rules of the Chief Judge (22 NYCRR Part 28) shall control the proceedings.

(b) Where the parties agree to arbitrate a claim under NYCCCA 206, arbitration proceedings shall be conducted in accordance with CPLR article 75.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 208.41 Small claims procedure.

(a) A small claims action shall be instituted by a plaintiff or someone on his or her behalf paying the filing fee as provided in NYCCCA 1803, and by supplying to the clerk the following information:

(1) plaintiff's name and residence address;

(2) defendant's name and place of residence, or place of business or employment; and

(3) the nature and amount of the plaintiff's claim, giving dates and other relevant information.

(b) The clerk shall reduce this information to a written statement on a form provided therefor and shall record it in his or her office. The statement shall be in nontechnical, concise and simple language, and shall be signed by the person who shall have supplied the information contained therein.

(c) The clerk shall give to the person who signed the statement a memorandum of the time and place set for the hearing, which shall be as soon as practicable, and shall advise such person to produce at the hearing the supporting witnesses, account books, receipts or other documents required to establish the claim.

(d) Within five days after the action is recorded, the clerk shall send to the defendant by ordinary first class mail and by certified mail, return receipt requested, addressed to one or more of the addresses supplied as shall be deemed necessary, a signed notice bearing the seal of the court, which shall be in substantially the following form:

CIVIL COURT OF THE CITY OF NEW YORK

COUNTY OF _________________________

SMALL CLAIMS PART

TO: __________________________________________________

Take Notice that.....asks judgment in this Court against
you for $ ____, together with costs, upon the following claim:

_______________________________________________

_______________________________________________

_______________________________________________
There will be a hearing before the Court upon this claim
on____ , 19____, at ____ o'clock ____ M., in the Small
Claims Part, held at________________

You must appear and present your defense and any counterclaim you may desire to assert at the hearing at the time and place above set forth (a corporation must be represented by an attorney or any authorized officer, director or employee). IF YOU DO NOT APPEAR, JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT EVEN THOUGH YOU MAY HAVE A VALID DEFENSE. If your defense or counterclaim, if any, is supported by witnesses, account books, receipts or other documents, you must produce them at the hearing. The Clerk, if requested, will issue subpoenas for witnesses, without fee thereof.

If you wish to present a counterclaim against the claimant, you must do so by filing with the Clerk of the Court a statement containing such counterclaim within five days of receiving this notice of claim. At the time of such filing you must pay the Clerk a filing fee of $3.00 plus the cost of postage to send your counterclaim by first class mail to the claimant. If you fail to file a counterclaim within this five- day period, you retain the right to file the counterclaim until the time of the hearing, but the claimant may request and obtain an adjournment of the hearing to a later date.

If you admit the claim, but desire time to pay, you must appear personally on the day set for the hearing and state to the Court your reasons for desiring time to pay.

Dated: ______, 20______

A Guide to Small Claims Court is available at the court listed above.

NOTE: If you desire a jury trial, you must, before the day upon which you have been notified to appear, file with the Clerk of the Court a written demand for a trial by jury. You must also pay to the clerk a jury fee of $55 and file an undertaking in the sum of $50 or deposit such sum in cash to secure the payment of any costs that may be awarded against you. You will also be required to make an affidavit specifying the issues of fact which you desire to have tried by a jury and stating that such trial is desired and demanded in good faith.

Under the law, the Court may award $25 additional costs to the plaintiff if a jury trial is demanded by you and a decision is rendered against you.

(e) The clerk shall note, on the statement referred to in subdivision (a) of this section, the date on which the notice was mailed and the address, the date of delivery shown by the return receipt and the name of the addressee or agent signing the receipt.

(f) Where all parties appear by attorneys, the case may be transferred to the appropriate county division of the Civil Court of the City of New York, and the claimant shall pay any additional filing fees required by law. If the claimant fails or refuses to pay such filing fees, the court shall dismiss the case.

(g) If service of notice cannot be effected upon the defendant within four months following the date on which the action was first instituted, the action shall be dismissed without prejudice.

(h) Unless the court shall otherwise order, a defendant to whom notice was duly given who fails to appear at the hearing on the day and time fixed, either in person or by attorney, shall be held to be in default, except that no default shall be ordered if the defendant or his attorney appear within one hour after the time fixed.

(i) If at the hearing it shall appear that the defendant has a counterclaim in an amount within the jurisdiction of the part for the hearing of small claims, the judge may either proceed forthwith to hear the entire case or may adjourn the hearing for a period of not more than 20 days, or as soon thereafter as may be practicable, at which adjourned time the hearing of the entire case shall be had. An adjournment shall be granted at the request of the claimant if the defendant did not file the counterclaim with the court within five days of receiving the notice of claim.

(j) An oath or affirmation shall be administered to all witnesses. The court shall conduct the hearing in such manner as it deems best suited to discover the facts and to determine the justice of the case. If the plaintiff, or an attorney in his or her behalf, does not appear at the time set for hearing, the court may dismiss the claim for want of prosecution or enter a finding on the merits for the defendant, or make such other disposition as it may deem proper.

(k) Where, after a claim is filed with the clerk, either party to the action desires to implead one or more additional defendants, the clerk shall, upon receipt of the proper fees, issue and mail a notice of claim to each additional defendant under the procedure set forth above.

(l) The undertaking to be filed by a defendant desiring a jury trial shall be in the form prescribed by the relevant provisions of article 25 of the CPLR.

(m) All motions pertaining to small claims shall be made returnable at a part and session appointed for the hearing of small claims, except that a motion to remove a case from the small claims part shall be made returnable in the appropriate motion part in the county division of the court in which the action is pending, and shall be in accord with the rules of the NYCCCA generally applicable to motion practice.

(n) There May be Arbitration of Any Small Claims Controversy.

(1) The parties to any controversy, except infants and incompetents, may submit the same for arbitration to any attorney, duly appointed as a small claims arbitrator by the administrative judge of this court, so assigned for such duty at that term of the court and upon whom they shall agree.

(2) The parties shall sign a consent which shall contain the name of the arbitrator, a brief recital of the nature of the controversy to be determined, a statement that they will abide by these rules, and an affirmation that the decision of the arbitrator is final and that no appeal shall lie from the award. The consent must be filed with the clerk of the small claims part.

(3) The arbitrator shall forthwith proceed to hear the controversy. He or she shall not be bound by the rules regarding the admissibility of evidence, but all testimony shall be given under oath or affirmation. Either party may be represented by counsel, but no record of the proceeding before the arbitrator shall be kept. No expense shall be incurred by the arbitrator except upon the consent in writing of the parties.

(4) After the first hearing, neither party may withdraw from the arbitration unless both parties consent to, or the arbitrator directs, a discontinuance of the proceeding.

(5) The arbitrator shall make an award in writing and file the same forthwith, together with his or her opinion, if any, with the clerk of the small claims part. Unless both parties file a request in writing not to enter judgment, the clerk shall, within two days after the filing of the award, enter judgment in accordance therewith, provided the award has been filed within 30 days from the date of filing the consent. The time within which the clerk shall enter judgment may be extended by a stipulation in writing for a further period not to exceed 30 days.

(6) No fees or disbursements of any kind shall be demanded or received except as hereinabove provided.

Historical Note
Sec. filed Jan. 9, 1986; amds. filed: Dec. 28, 1988; Sept. 23, 1991; March 23, 1995; Aug. 20, 1996; May 3, 1999; Sept. 10, 2001 eff. Aug. 30, 2001. Amended (d).

Section 208.41-a Commercial claims procedure.

(a) A commercial claims action may be brought by a claimant that is:

(1) a corporation, including a municipal or public benefit corporation, partnership, or association, which has its principal office in the City of New York; or

(2) an assignee of any commercial claim, subject to the restrictions set forth in NYCCCA 1809-A.

The action shall be instituted by the claimant or someone on its behalf by paying the filing fee and the cost of sending the notice of claim as provided in NYCCCA 1803-A and by filing and signing a written application containing the following information:

(i) claimant's name and principal office address;

(ii) defendant's name and place of residence or place of business or employment;

(iii) the nature and amount of the claim, including dates, and other relevant information; where the claim arises out of a consumer transaction (one where the money, property or service which is the subject of the transaction is primarily for personal, family or household purposes), information showing that the transaction is a consumer transaction;

(iv) a certification that not more than five claims have been instituted in the courts of this State in the calendar month; and

(v) in the case of a commercial claim arising out of a consumer transaction, a certification that the claimant has mailed a demand letter, containing the information set forth in NYCCCA section 1803-A, no less than 10 days and no more than 180 days prior to the commencement of the claim.

(b) Unless the clerk shall require the claimant, pursuant to NYCCCA 1810- A, to apply to the court for leave to prosecute the claim in a commercial claims part, the clerk shall reduce to a concise written form and record in a special docket the information contained in the application, and shall give to the person who signed the statement a memorandum of the time and place set for the hearing, which shall be as soon as practicable and shall advise such person to produce at the hearing supporting witnesses, account books, receipts or other documents required to establish the claim. The clerk shall advise the claimant of the right of the claimant or the defendant to request an evening hearing, which shall not be so scheduled if it would cause unreasonable hardship to either party, and the clerk shall schedule the hearing so as to minimize the defendant's time away from employment. In the case of a commercial claim arising out of a consumer transaction, the clerk shall mark the claim conspicuously as a consumer transaction and shall record it in the docket marked as a consumer transaction.

(c) Within five days after the action is filed, the clerk shall send to the defendant by ordinary first class mail and by certified mail, return receipt requested, at one of the addresses required by NYCCCA §1803-A, as shall be deemed necessary, a signed notice bearing the seal of the court, which shall be in substantially the following form:

CIVIL COURT OF THE CITY OF NEW YORK

COUNTY OF ______________________

COMMERCIAL CLAIMS PART

TO: ______________________

Take Notice that..... asks judgment in this Court against you for $ ____, together with costs, upon the following claim:

_______________________________________________

________________________________________________

________________________________________________

There will be a hearing before the Court upon this claim on....., 19..... , at ..... o' clock ..... M, in the Commercial Claims Part, held at .....

You must appear and present your defense and any counterclaim you may desire to assert at the hearing at the time and place above set forth. You may request that the hearing be scheduled during evening hours if you do so within 14 days of receipt of this notice. IF YOU DO NOT APPEAR, JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT EVEN THOUGH YOU MAY HAVE A VALID DEFENSE. If your defense or counterclaim, if any, is supported by witnesses, account books, receipts or other documents, you must produce them at the hearing. The Clerk, if requested, will issue subpoenas for witnesses, without fee thereof.

If you wish to present a counterclaim against the claimant, you must do so by filing with the Clerk of the Court a statement containing such counterclaim within five days of receiving this notice of claim. At the time of such filing you must pay the Clerk a filing fee of $3.00 plus the cost of postage to send your counterclaim by first class mail to the claimant. If you fail to file a counterclaim within this five- day period, you retain the right to file the counterclaim until the time of the hearing, but the claimant may request and obtain an adjournment of the hearing to a later date.

If you admit the claim, but desire time to pay, you must appear personally on the day set for the hearing and state to the Court your reasons for desiring time to pay.

Read the attached sheet for more information.

Dated: _______ , 20_______

A Guide to Commercial Claims Court is available at the court listed above.

NOTE: If you desire a jury trial, you must, before the day upon which you have been notified to appear, file with the Clerk of the Court a written demand for a trial by jury. You must also pay to the clerk a jury fee of $55 and file an undertaking in the sum of $50 or deposit such sum in cash to secure the payment of any costs that may be awarded against you. You will also be required to make an affidavit specifying the issues of fact which you desire to have tried by a jury and stating that such trial is desired and demanded in good faith.

Under the law, the Court may award $25 additional costs to the plaintiff if a jury trial is demanded by you and a decision is rendered against you.

(d) The clerk shall note on the application the date on which the notice was mailed and the address, the date of delivery shown by the return receipt, and the name of the addressee or agent signing the receipt.

(e) If, after the expiration of 21 days (30 days in the case of a commercial claim arising out of a consumer transaction) from the date the notice was mailed, the ordinary first class mailing has not been returned as undeliverable, the defendant shall be presumed to have received notice of the claim.

(f) If service of notice cannot be made upon the defendant within four months following the date on which the action was first instituted, the action shall be dismissed without prejudice.

(g) Where all parties appear by attorney, the case shall be transferred to the appropriate county division of the Civil Court of the City of New York, and the claimant shall pay any additional filing fees required by law. If the claimant fails or refuses to pay such filing fees, the court shall dismiss the case.

(h) Unless the court shall otherwise order, a defendant to whom notice was duly given who fails to appear, either in person or by attorney, at the hearing on the day and time fixed, shall be held to be in default, except that no default shall be ordered if the defendant or his or her attorney appears within one hour after the time fixed. Notice of the default judgment, containing the information set forth in NYCCCA section 1807-A, shall be mailed by first class mail to the claimant and the defendant. The defaulting party may apply to have the default vacated by submitting a written request to the court; proceedings on default shall be governed by, but not limited to, section 5015 of the CPLR.

(i) If at the hearing it shall appear that the defendant has a counterclaim in an amount within the jurisdiction of the part for the hearing of small claims, the judge may either proceed forthwith to hear the entire case or may adjourn the hearing for a period of not more than 20 days or as soon thereafter as may be practicable, at which adjourned time the hearing of the entire case shall be had. An adjournment shall be granted at the request of the claimant if the defendant did not file the counterclaim with the court within five days of receiving the notice of claim.

(j) An oath or affirmation shall be administered to all witnesses. The court shall conduct the hearing in such manner as it deems best suited to discover the facts and to determine the justice of the case. If the claimant, or an attorney in his or her behalf, does not appear at the time set for hearing, the court may dismiss the claim for want of prosecution or enter a finding on the merits for the defendant, or make such other disposition as it may deem proper.

(k) Where, after a claim is filed with the clerk, either party to the action desires to implead one or more additional defendants, the clerk shall, upon receipt of the proper fees, issue and mail a notice of claim to each additional defendant under the procedure set forth above.

(l) The undertaking to be filed by a defendant desiring a jury trial shall be in the form prescribed by the relevant provisions of article 25 of the CPLR.

(m) All motions pertaining to commercial claims shall be made returnable at a part session appointed for the hearing of commercial claims, except that a motion to remove a case from the commercial claims part shall be made returnable in the appropriate motion part in the county division of the court in which the action is pending, and shall be in accord with the rules of the NYCCCA generally applicable to motion practice.

(n) There may be arbitration of any commercial claims controversy.

(1) The parties to any controversy, except infants and incompetents, may submit the same for arbitration to any attorney, duly appointed as a commercial claims arbitrator by the administrative judge of this court, so assigned for such duty at that term of the court and upon whom they shall agree.

(2) The parties shall sign a consent which shall contain the name of the arbitrator, a brief recital of the nature of the controversy to be determined, a statement that they will abide by these rules, and an affirmation that the decision of the arbitrator is final and that no appeal shall lie from the award. The consent must be filed with the clerk of the commercial claims part.

(3) The arbitrator shall forthwith proceed to hear the controversy. He or she shall not be bound by the rules regarding the admissibility of evidence, but all testimony shall be given under oath or affirmation. Either party may be represented by counsel, but no record of the proceeding before the arbitrator shall be kept. No expense shall be incurred by the arbitrator except upon the consent in writing of the parties.

(4) After the first hearing, neither party may withdraw from the arbitration unless both parties consent to, or the arbitrator directs, a discontinuance of the proceeding.

(5) The arbitrator shall make his or her award in writing and file the same forthwith, together with an opinion, if any, with the clerk of the commercial claims part. Unless both parties file a request in writing not to enter judgment, the clerk shall, within two days after the filing of the award, enter judgment in accordance therewith, provided the award has been filed within 30 days from the date of filing the consent. The time within which the clerk shall enter judgment may be extended by a stipulation in writing for a further period not to exceed 30 days.

(6) No fees or disbursements of any kind shall be demanded or received except as hereinabove provided.

Historical Note
Sec. filed Oct. 29, 1990; amds. filed: Aug. 20, 1996; Sept. 10, 2001 eff. Aug. 30, 2001. Amended (c).

Section 208.42 Proceedings under article 7 of the Real Property Actions and Proceedings Law.

(a) Such proceedings involving residential property shall be commenced in the housing part.

(b) Except as provided in subdivision (d) of this section, relative to proceedings for nonpayment of rent, the following form is set forth as an example of the notice of petition (the provisions relating to the demand for a money judgment should be omitted unless the petition so demands):

To the respondents _____ above named and described, in possession of the premises hereinafter described or claiming possession thereof:

PLEASE TAKE NOTICE that a hearing at which you must appear will be held at the Civil Court of the City of New York,_____ Part, to be held at_____, County of _____, on the _____ day of _____, 19_____, at _____ am/pm, which prays for a final judgment of eviction awarding to the petitioner the possession of premises designated and described as follows:

the_____ rooms on the _____ floor, Apartment No. _____, _____ Street, City of New York, County of _____ , and further granting to the petitioner such other and further relief as is demanded in the petition, which you must answer.

TAKE NOTICE also that demand is made in the petition herein for judgment against you, the respondent, for the sum of $_____, with interest thereon from_____, 19_____

TAKE NOTICE that your answer may set forth any defense or counterclaim you may have against the petitioner.

TAKE NOTICE also that if you shall fail at such time to interpose and establish any defense that you may have to the allegations of the petition, you may be precluded from asserting such defense or the claim on which it is based in any other proceeding or action.

TAKE NOTICE that your failure to appear and answer may result in final judgment by default for the petitioner in the amount demanded in the petition.

TAKE NOTICE that under section 745 of the Real Property Actions and Proceedings Law, you may be required by the Court to make a deposit of use and occupancy, or a payment of use and occupancy to the petitioner, upon your second request for an adjournment or if the proceeding is not settled or a final determination has not been made by the Court within 30 days of the first court appearance. Failure to comply with an initial deposit or payment order may result in the entry of a final judgment against you without a trial. Failure to make subsequent required deposits or payments may result in an immediate trial on the issues raised in your answer.

Dated: County of _____, the _____ day of _____, 19_____

_________________________
Attorney(s) for Petitioner
Office and Post-Office Address
Telephone Number

(c) At the option of the petitioner, on condition that he or she serves the notice of petition at least eight days prior to the return day, the following paragraph may be inserted in the foregoing notice of petition immediately after the paragraph which sets forth the amount of money for which demand is made in the petition:

TAKE NOTICE also that your answer may be made at the time of hearing specified above unless this Notice of Petition is served upon you on or before the..... day of ....., 19....., in which event you must answer at least three (3) days before the petition is noticed to be heard, either orally before the clerk of the court at his or her office, or in writing by serving a copy thereof upon the undersigned attorney for the [FNa1] petitioner, and by filing the original of such written answer with proof of service thereof in the office of the clerk at least three (3) days before the time the petition is noticed to be heard; in addition thereto, you must appear before the court at the time and place hereinabove set forth for the hearing.

[FNa1] If the petitioner appears in person, strike out the words "undersigned attorney for the."

(d) Real Property Actions and Proceedings Law, section 732, shall be applicable in this court in a proceeding brought on the ground that the respondent has defaulted in the payment of rent. The following form is set forth as an example of a notice of petition to be used in such proceedings:

To the respondent[s] above named and described, in possession of the premises hereinafter described or claiming possession thereof:

PLEASE TAKE NOTICE that the annexed petition of____, verified the ____day of ____, 19____, prays for a final judgment of eviction, awarding to the petitioner possession of premises described as follows:

Apartment No____, on the____ floor, consisting of____ rooms, in premises known as and located at____ , County of____, in the City of New York, as demanded in the petition.

TAKE NOTICE also that demand is made in the petition for judgment against you for the sum of $____, with interest from____, 19____.

TAKE NOTICE also that within five (5) days after service of this Notice of Petition upon you, you must answer, either orally before the clerk of this Court at____, County of____, City and State of New York, or in writing by serving a copy thereof upon the undersigned attorney for the [FNa1] petitioner, and by filing the original of such answer, with proof of service thereof, in the Office of the Clerk. Your answer may set forth any defense or counterclaim you may have against the petitioner. On receipt of your answer, the Clerk will fix and give notice of the date for trial or hearing which will be held not less than three (3) nor more than eight (8) days thereafter, at which you must appear. If, after the trial or hearing, judgment is rendered against you, the issuance of a warrant dispossessing you may, in the discretion of the Court, be stayed for five (5) days from the date of such judgment.

TAKE NOTICE also that if you fail to interpose and establish any defense that you may have to the allegations of the petition, you may be precluded from asserting such defense or the claim on which it is based in any other proceeding or action.

In the event you fail to answer and appear, final judgment by default will be entered against you, but a warrant dispossessing you will not be issued until the tenth day following the date of the service of this Notice of Petition upon you.

TAKE NOTICE that under section 745 of the Real Property Actions and Proceedings Law, you may be required by the Court to make a rent deposit, or a rent payment to the petitioner, upon your second request for an adjournment or if the proceeding is not settled or a final determination has not been made by the Court within 30 days of the first court appearance. Failure to comply with an initial rent deposit or payment order may result in the entry of a final judgment against you without a trial. Failure to make subsequent required deposits or payments may result in an immediate trial on the issues raised in your answer.

_______________________________
Attorney(s) for the Petitioner

_______________________________
Address

_______________________________
Telephone No.

[FNa1] If the petitioner appears in person, strike out the words "undersigned attorney for the".

(e)

(1) Except as may otherwise be provided by statute, a post-trial application to stay the issuance of a warrant shall be made, or referred, to the judge who directed entry of the judgment.

(2) Applications for an extension of time to comply with orders or judgments to pay moneys, vacate the premises or make repairs, or to correct mathematical errors, may be referred to a judge other than the one who signed the order or judgment.

(f)

(1) Commencing May 21, 2001, all summary proceedings for residential premises located in postal ZIP codes 10035 and 10037, and for the Taft Houses and the Jefferson Houses, except proceedings brought by or at the direction of the New York County District Attorney's office under Real Property Actions and Proceedings Law, sections 711 and 715, shall be noticed and filed in the Harlem courthouse.

(2) Commencing April 22, 2002, all summary proceedings for the following residential premises in which the New York City Housing Authority is a party to the proceeding shall be noticed and filed in the Red Hook Community Justice Center:

Wycoff Gardens (Houses)

Gowanus Houses

Red Hook East Houses

Red Hook West Houses

Atlantic Terminal (Houses)

572 Warren Street Development (Houses)

(g) Allegations required under section 325 of the Multiple Dwelling Law and sections 27-2097 et seq., of the Administrative Code of the City of New York. In every summary proceeding brought to recover possession of real property pursuant to section 711 of the Real Property Actions and Proceedings Law, the petitioner shall allege either:

(1) that the premises are not a multiple dwelling; or

(2) that the premises are a multiple dwelling and, pursuant to the Administrative Code, sections 27-2097 et seq., there is a currently effective registration statement on file with the office of code enforcement in which the owner has designated a managing agent, a natural person over 21 years of age, to be in control of and responsible for the maintenance and operation of the dwelling.

The petitioner shall also allege the following information: the multiple dwelling registration number, the registered managing agent's name, and either the residence or business address of said managing agent. The petitioner may (optionally) list a telephone number which may be used to call for repair and service.

(h) At the time of the issuance of a notice of petition by a judge or the clerk, or an order to show cause by the judge, in a summary proceeding to recover possession of real property, a copy of such order to show cause or notice of petition shall be filed with the clerk. The original papers with proof of service thereof shall be filed with the clerk within the time specified by statute.

(i)

(1) At the time of the filing with the clerk of a notice of petition with proof of service in a summary proceeding under article 7 of the Real Property Actions and Proceedings Law involving residential property, the petitioner shall submit to the clerk a stamped postcard containing a written notice addressed to the respondent, in both English and Spanish, containing the following language:

CIVIL COURT HOUSING PART

_________________
INDEX (LIBRO) NO.

CORTE CIVIL PARTE DE VIVIENDA

.....
________________________________________
DISPOSSESS OR EVICTION PROCEEDING PROCEDIMIENTO DE DESAHUCIO

..........
1. IN NONPAYMENT PROCEEDING:

PAPERS HAVE BEEN SENT TO YOU AND FILED IN COURT ASKING THIS COURT TO EVICT YOU FROM YOUR RESIDENCE. YOU MUST APPEAR IN COURT AND FILE AN ANSWER TO THE LANDLORD'S CLAIM. IF YOU HAVE NOT RECEIVED THE PAPERS, GO TO THE HOUSING PART OF THE CIVIL COURT IMMEDIATELY AND BRING THIS CARD WITH YOU. IF YOU DO NOT APPEAR IN COURT, YOU MAY BE EVICTED. YOU ALSO MAY WISH TO CONTACT AN ATTORNEY.

DOCUMENTOS HAN SIDO ENVIADOS A UD. Y REGISTRADOS EN LA CORTE PARA DESALOJARLO DE SU RESIDENCIA. UD. TIENE QUE COMPARECER EN LA CORTE Y REGISTRAR UNA RESPUESTA A LA RECLAMACION DEL PROPIETARIO. SI NO HA RECIBIDO LOS DOCUMENTOS, VAYA A LA PARTE DE VIVIENDAS DE LA CORTE CIVIL INMEDIATAMENTE Y TRAIGA ESTA TARJETA CON USTED. SI UD. NO COMPARECE EN LA CORTE, PUEDE SER DESALOJADO. SI QUIERE PUEDE PONERSE EN CONTACTO CON UN ABOGADO.

2. IN HOLDOVER PROCEEDING:

PAPERS HAVE BEEN SENT TO YOU AND FILED IN COURT ASKING THIS COURT TO EVICT YOU FROM YOUR RESIDENCE. YOU MUST APPEAR IN COURT ON DAY THE _____ DAY OF _____, 199 _____, AT 9:30 A.M. YOU MAY FILE YOUR ANSWER AT THAT TIME. IF YOU HAVE NOT RECEIVED THE PAPERS, YOU STILL MUST APPEAR IN COURT ON THE DATE INDICATED ABOVE AND BRING THIS CARD WITH YOU. IF YOU DO NOT APPEAR IN COURT, YOU MAY BE EVICTED. YOU ALSO MAY WISH TO CONTACT AN ATTORNEY.

DOCUMENTOS HAN SIDO ENVIADOS A UD. Y REGISTRADOS EN LA CORTE PARA DESALOJARLO DE SU RESIDENCIA. UD. TIENE QUE COMPARECER EN LA CORTE EL DIA _____ DE _____, 199 _____ A LAS 9:30 A.M. PUEDE REGISTRAR SU RESPUESTA EN ESE MOMENTO. SI UD. NO HA RECIBIDO LOS DOCUMENTOS, DE TODAS MANERAS TIENE QUE COMPARECER EN LA CORTE EN LA FECHA INDICADA ARRIBA, Y TRAER ESTA TARJETA CONSIGO. SI UD. NO COMPARECE EN LA CORTE, PUEDE SER DESALOJADO. SI QUIERE PUEDE PONERSE EN CONTACTO CON UN ABOGADO.

The face of the postcard shall be addressed to the respondent at the premises and at any other address at which process was served in the summary proceeding and shall contain the respondent's name, address (including apartment number) and ZIP code. The face of the postcard shall also contain, in the form of a return address, the appropriate address of the clerk's office to which the respondent should be directed. These addresses are:

Bronx County
- Housing Part of the Civil Court, City of New York
Housing Court Clerk
Ground Floor
1118 Grand Concourse
Bronx, NY 10456

Kings County
- Civil Court of the City of New York
Housing Court Clerk
Room 203
141 Livingston Street
Brooklyn, NY 11201

Red Hook Community Justice Center
Civil Court of the City of New York
Housing Court Clerk, Room 103
88 Visitation Place
Brooklyn, NY 11231-1615

New York County
- Civil Court of the City of New York
Housing Court Clerk
Room 225
111 Centre Street
New York, NY 10013

Harlem Courthouse
Civil Court of the City of New York
Housing Court Clerk
170 East 121 Street
New York, NY 10035

Queens County
- Civil Court of the City of New York
Housing Court Clerk
2nd Floor
89-17 Sutphin Boulevard
Jamaica, NY 11435

Richmond County
- Civil Court of the City of New York
Housing Court Clerk
Basement
927 Castleton Avenue
Staten Island, NY 10310

(2) The clerk promptly shall mail the postcard to the respondent at the premises and at any other address at which process was served in the summary proceeding. No default judgment for failure to answer shall be entered unless there has been compliance with this rule.

Historical Note
Sec. filed Jan. 9, 1986; amds. filed: June 29, 1987; Aug. 20, 1991; Feb. 12, 1996; Oct. 16, 1997; Dec. 22, 1997; Jan. 5, 1998; Feb. 9, 1998; Nov. 12, 1998; April 9, 2001; June 4, 2001; April 15, 2002; July 26, 2002 eff. July 24, 2002. Amended (f)(2).

Amended (f)(1) on June 21, 2004.

Section 208.43 Rules of the housing part.

(a) There shall be a housing part for the hearing of all actions and proceedings in all matters arising under section 110 of the NYCCCA.

(b) All rules of the Civil Court shall apply to the housing part whenever practicable, except when otherwise provided by statute or as otherwise provided in this section.

(c) There shall be paid to the clerk the following sums as a fee in an action or proceeding in the housing part:

(1) upon the request of a tenant for an order directing the owner to correct the violation and to impose a penalty for failure to comply timely with the order-- $20;

(2) upon the issuance of a petition by a landlord for the removal of housing violations-- $20.

(d) Summons.

(1) The summons shall state the county division and location of the court in which the action is brought, as well as the names of the parties and the address of the premises, and shall comply with all the provisions of the NYCCCA applicable to summonses.

(2) Form of summons. The summons in a case involving an action in the housing part for the recovery of civil penalties shall be in such form as may be promulgated by the Chief Administrator.

(3) Where a hazardous or nonhazardous violation is alleged and the summons is personally delivered to the landlord or its registered agent within the City of New York, the defendant shall appear and answer within 10 days after such service.

(4) Where a summons for a hazardous or nonhazardous violation is delivered by mail or by any other method provided in NYCCCA 110(m), the defendant shall appear and answer within 20 days after the proof of service thereof is filed with the clerk of the housing part.

(5) Where the summons for a hazardous or nonhazardous violation is personally delivered to the landlord or its registered agent, the affidavit of service thereof shall be filed with the clerk of the housing part within five days after personal delivery.

(6) Where the summons for a hazardous or nonhazardous violation is served by any other method provided in NYCCCA 110(m), the affidavit of service thereof shall be filed with the clerk of the housing part no later than 10 days from the date the summons is posted and mailed (where such mailing is required).

(7) Where the summons for a hazardous or nonhazardous violation is served outside of the City of New York, the affidavit of service thereof shall be filed with the clerk of the housing part within 10 days after service.

(8) A penalty action for an immediately hazardous violation shall be commenced by an order to show cause, returnable within five days, or within a lesser time period in the discretion of the court.

(9) Upon the signing of an order to show cause and prior to the service thereof, the clerk of the housing part shall issue an index number.

(10) Venue.

(i) In any action or proceeding in the housing part of the Civil Court, the action or proceeding must be brought in the county in which the real property is situated (NYCCCA, section 302).

(ii) An action or proceeding involving premises located in postal ZIP codes 10035 and 10037, and the Taft Houses and the Jefferson Houses, shall be noticed and filed in the Harlem courthouse.

(iii) An action or proceeding involving the following premises in which the New York City Housing Authority is a party shall be noticed and filed in the Red Hook Community Justice Center:

Wycoff Gardens (Houses)

Gowanus Houses

Red Hook East Houses

Red Hook West Houses

Atlantic Terminal (Houses)

572 Warren Street Development (Houses)

(e) The answer shall be verified and shall include any affirmative defenses or defenses in mitigation of the defendant's liability as set forth in section 27-2116 of the Administrative Code. In cases involving an immediately hazardous violation, the defendant may interpose an oral answer before the court.

(f) Where a defendant defaults by failing to answer the summons or order to show cause, an inquest shall be taken before the court. If the defendant consents to a judgment imposing a civil penalty, no inquest is required to be taken, and judgment shall be entered on consent by direction of the court.

(g) Notice of Trial. Where all parties appear by attorney, any party may serve a notice of trial on the others, fixing a date for trial not less than five nor more than eight days after service of such notice, and shall file such notice with proof of service thereof at least four days before the date fixed for trial with the clerk of the housing part of the Civil Court, who shall thereupon place the case on the calendar for trial. Where the defendant appears in person, the clerk of the housing part shall fix a date for trial not less than five nor more than 15 days after joinder of issue, and shall immediately notify all the parties by mail of such date. If any of the parties has appeared by attorney, the clerk shall notify the attorney.

(h) Rules of evidence shall apply in all actions and proceedings in the housing part. The order of proof shall be determined by the court.

(i) The decision of a judge or housing judge shall set forth conclusions of fact. Said judge or housing judge shall render such decision within 30 days after trial of a nonhazardous or hazardous violation, and within 15 days after trial of an immediate hazardous violation or an injunction.

(j) The housing part shall be presided over by a judge of the Civil Court or, in the discretion of the administrative judge, by a housing judge. The presiding judge shall assign the individual cases to housing judges and Civil Court judges, except actions and proceedings to be tried by jury shall be tried before a judge of the Civil Court.

(k) All applications for impleading shall be made to the judge of the calendar part or, if the case has been assigned for trial, to the trial judge.

(l) No disclosure or bill of particulars shall be allowed without an order of the court in an action or proceeding to impose a civil penalty in the housing part.

(m) The Department of Housing Preservation and Development (HPD) shall not have costs taxed against it, and shall be exempt from paying any fees required by this section or the NYCCCA.

Historical Note
Sec. filed Jan. 9, 1986; amds. filed: Feb. 12, 1996; April 9, 2001; April 15, 2002; July 26, 2002 eff. July 24, 2002. Amended (d)(10)(iii).

Amended (d)(10)(ii) on June 21, 2004.