Please be advised that Justice Schumacher has revised the Part 13 NYCAL rules as pertains to No Opposition Summary Judgment Motions (“NOSJMs”). The revised rules have been posted to the NYCAL Website.
The rule change is effective immediately.
As per the revised rules, NOSJMs shall have the same force and effect as a voluntary stipulation of discontinuance without needing to be so ordered. NOSJMs shall no longer be submitted to the Court to be so ordered and any such requests shall be deemed denied.
New Rule III(F)(3) provides as follows:
3. Any application for summary judgment on consent (“NOSJM”) that is fully executed by the parties to be bound shall have the same force and effect as a voluntary stipulation of discontinuance. If the outcome is with prejudice this must be explicitly stated. The NOSJM is effective once filed to NYSCEF and does not require so ordering.
a. Any emailed request to so order a NOSJM, stipulation of discontinuance, etc. is and shall be deemed denied. Applications to discontinue requiring an order of the court must be made by motion on notice (see CPLR 3217[b][2]).
As per Rule I(A): “Where the Part 13 Rules supplement or differ from either the Uniform Rules or the CMO, unless otherwise indicated, the Part 13 Rules shall control.”
DATES/TIMES FOR COURT APPEARANCES ON THE NYCAL WEBSITE
Please note that any dates on this website for pretrial conferences or other court appearances before Justice Schumacher (including but not limited to Transfer Order dates/times) are posted for convenience. All dates/times from the court directly (eCourts, NYSCEF, etc.) control.
Please note that as of January 7, 2025, the Hon. Eric Schumacher, J.S.C., has been assigned as the new Coordinating Judge of Part 13/NYCAL. The new Part 13 Rules have been posted to the NYCAL website. The court’s calendar will be updated shortly to reflect new conference dates, etc.
