Hon. Kathy J. King. Part 6.

Practitioner Intelligence

From attorneys who have appeared in this part. Last updated: April 2026.

Strict on Jurisdictional Defects

Part 6 applies CPLR 3211 capacity and standing rules rigorously. Defects of legal capacity (for example, filing on behalf of a deceased plaintiff) are treated as jurisdictional and not curable by amendment. Expect dismissal if the defect is genuine.

What You Need to Know

• Come ready to argue. Oral argument is standard on dispositive motions. Bring controlling authority. Be prepared to address CPLR 205(a) savings and the distinction between CPLR 3025(b) amendment and CPLR 3211 pleading defects.
• Case law at the ready. Expect the court to reference controlling appellate authority (for example, George v. Mount Sinai Hospital, 47 N.Y.2d 170; Carrick v. Central General Hospital, 51 N.Y.2d 242, on capacity). Have your citations organized.
• Written orders signed in court. When a motion is granted at argument, the court may sign the order on the record. Have a proposed order ready.
• Multi-motion days. Part 6 regularly hears multiple motion sequences in the same case on the same return date. Consolidate your argument, do not repeat across sequences.

Practice Notes from Recent Appearances

In an April 2026 motion argument, all three pending motion sequences were granted after oral argument where the plaintiff had died before the action was commenced. The court treated the capacity defect as jurisdictional and declined to permit cure by amendment or substitution. Defense counsel's cited authority carried the day. CPLR 205(a) savings remained available for a timely refile by the Executor.