Hon. Kathy J. King, Part 6.
Supreme Court, New York County. Medical Malpractice IAS Part. 60 Centre Street, Room 351, New York, NY 10007. Published Part Rules and practitioner intelligence from attorneys with direct experience in Part 6.
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| Court | Supreme Court, New York County (Civil Term) |
| Part | Part 6 (Medical Malpractice IAS) |
| Courthouse | 60 Centre Street, New York, NY 10007 |
| Courtroom | Room 351 · 646-386-3312 |
| Chambers | Room 663 · 646-386-4388 |
| Part Clerk | SFC-Part6-Clerk@nycourts.gov |
| Associate Law Clerk | Jessica Tiburcio, Esq. · jtiburcio@nycourts.gov |
| Assistant Law Clerk | Nathan Ponthieu · nponthieu@nycourts.gov |
| Oral Argument | Tuesdays. First and only calendar call at 10:30 a.m. |
| Discovery Conferences | Thursdays at 10:00 a.m., in person in Room 351. A default may be taken against a party that is not present and ready by 11:00 a.m. |
| Motion Submissions Part | A request to adjourn a motion returnable in the Motion Submissions Part (Room 130) goes to Room 130, not to the Part Clerk or chambers. |
| Summary Judgment | Within 90 days after the Note of Issue, in compliance with 22 NYCRR 202.8-b and 202.8-g. |
| Courtesy Copies | Part 6 is a paperless part. No courtesy copies unless the case is a paper case or the court asks for them. |
| What to Expect | Med mal aware bench. Paperless via NYSCEF. Strict on capacity, timing, and conference attendance. |
Published Part Rules
Source: Hon. Kathy J. King, Part 6 Rules, posted on nycourts.gov (First Judicial District, Supreme Court Manhattan). Last verified: August 5, 2026. The Part Rules document on nycourts.gov controls if anything below is out of date. Confirm the current version with the Part Clerk before any appearance.
Communications with Chambers
All routine inquiries go to the Part Clerk by email at SFC-Part6-Clerk@nycourts.gov. Do not call or email chambers directly without copying opposing counsel. Ex parte communications with chambers or the Law Clerks are not permitted on substantive matters.
Adjournments
A request to adjourn a motion returnable in Part 6, or any conference scheduled in Part 6, is directed to the Part Clerk and to both Law Clerks in writing no later than 24 hours before the scheduled date, with the consent of opposing counsel noted on the request. A consent stipulation is e-filed and emailed seven days before the scheduled date. An adjournment of more than 60 days is directed to the Part Clerk and the Law Clerks. The first request is granted automatically; a subsequent request is granted only for good cause.
A request to adjourn a motion that is returnable in the Motion Submissions Part (Room 130) goes to Room 130, not to the Part Clerk and not to chambers. That distinction is set out in the Part Rules, and misdirecting the request means the motion is not adjourned.
A Thursday conference appearance can be avoided by a fully executed consent stipulation emailed to the Law Clerks by 5:00 p.m. on the Wednesday before.
Motions
All motions are e-filed through NYSCEF. Part 6 is a paperless part, so counsel does not submit courtesy copies unless the case is a paper case or the court asks for them. A summary judgment motion must be made within 90 days after the filing of the Note of Issue and must comply with 22 NYCRR 202.8-b and 202.8-g. A discovery motion requires prior approval, and the moving papers must recite the date on which permission was granted. Justice King does not accept Commercial Division Rule 24 letters unless the court requests one.
Oral argument on motions is heard on Tuesdays, and the first and only calendar call is at 10:30 a.m. If the motion is marked submitted without oral argument, no appearance is required. Counsel should monitor NYSCEF and the Part Clerk’s confirmation of the argument calendar before traveling to court. Do not call the Part Clerk to ask about the status of a decision; email the Law Clerks.
Compliance and Discovery Conferences
In-person discovery conferences are held on Thursdays at 10:00 a.m. Counsel must be physically present in Room 351 and ready to proceed. If a party is not present and ready to proceed by 11:00 a.m., a default may be taken. Discovery posture should be known going in: status of paper discovery, dates for depositions, expert disclosure timing, and any outstanding motion practice. Conference orders are drafted in court and signed before counsel leave.
Unexcused failure to comply with court-fixed requirements and deadlines may result in the imposition of sanctions, including preclusion, monetary sanctions, or dismissal of claims or defenses under CPLR 3126. Failure to appear on two consecutive conference dates results in dismissal of the action or the striking of pleadings.
Discovery motions are disfavored. Counsel are expected to confer in good faith and attempt to resolve discovery disputes before motion practice, and a discovery motion requires the court’s prior approval.
Settlement, ADR, and Trial Readiness
Following the decision of dispositive motions or the filing of the Note of Issue, the Court will issue an ADR Order for settlement resolution prior to the judicial settlement conference and the pre-trial conference. Counsel must be in a position to discuss settlement authority at every post-NOI conference. The part allows one ADR session and one settlement conference, and then sets a firm trial date, so counsel should treat the ADR session as the real opportunity to resolve the case rather than the first of several.
Trial
Once a case is marked ready, Part 6 trials proceed on the scheduled date. Pre-marked exhibits, witness lists, in limine motions, and jury instructions are due in the form and on the schedule set by the Court at the pre-trial conference. Trial counsel must be the attorney who will actually try the case; the Court does not credit assurances that another attorney from the firm will appear at trial.
Compromise Orders (Infant and Wrongful Death)
Compromise orders involving infants, incapacitated persons, or wrongful death settlements must comply with CPLR 1207, 1208, 22 NYCRR 202.67, and EPTL 5-4.6 as applicable. Submissions should include an affidavit of the infant's representative or the personal representative of the estate, the proposed order, the retainer statement, all medical and hospital expense documentation, and any liens. Part 6 reviews these submissions in detail.
AI Disclosure
Counsel using generative artificial intelligence in any document filed in Part 6, or in research underlying a filing, must disclose its use in writing. The disclosure must identify (1) the tool used, (2) the specific portion of the document for which it was used, (3) the steps taken to verify accuracy and the absence of fabricated citations, and (4) the name of the attorney responsible for the verification. This rule applies to motion briefs, opposition papers, replies, affirmations, and proposed orders.
eTrack and Calendar Monitoring
Counsel are responsible for monitoring case status through NYSCEF and eTrack. The Part does not send individual reminders. Scheduling changes are reflected on NYSCEF and the Part Clerk's confirmations are dispositive.
Practitioner Intelligence
From attorneys who have appeared in this part. Last updated: August 5, 2026.
What to Expect
Part 6 is a Medical Malpractice IAS Part. The inventory is med mal cases assigned to Justice King at intake, but the Part also hears non-med-mal civil motions filed under the same index numbers. Justice King runs an efficient, paperless courtroom at 60 Centre Street. Preliminary and status conferences are brief and procedural. The clerk processes conference orders in court, so expect a quick in and out on routine conference dates. Oral argument is held on Tuesdays. If you are arguing a motion, be prepared to argue it. If you are at a conference, know your discovery status and be ready to commit to realistic deadlines.
Tips
- Med mal aware bench. Justice King is steeped in the medical malpractice docket. Expert disclosure timing under CPLR 3101(d), CPLR 4519 dead-man's-statute issues on decedent plaintiffs, and certificate of merit under CPLR 3012-a will be familiar territory. Sloppy expert disclosures will be noticed.
- Thursday conferences, and 11:00 a.m. is a real deadline. In-person discovery conferences are called at 10:00 a.m. on Thursdays. A party that is not in Room 351 and ready to proceed by 11:00 a.m. can be defaulted. Build extra time for security at 60 Centre Street.
- Skip the Thursday trip with a stipulation. A fully executed consent stipulation emailed to the Law Clerks by 5:00 p.m. on the Wednesday before takes the conference off your calendar.
- Send the Room 130 adjournment to Room 130. A motion returnable in the Motion Submissions Part is adjourned through Room 130, not through the Part Clerk and not through chambers. Everything returnable in Part 6 itself goes to the Part Clerk and both Law Clerks, no later than 24 hours out, with a consent stipulation e-filed and emailed seven days out.
- The first adjournment is free. The part grants the first request automatically and requires good cause for anything after that.
- Tuesday oral argument, one call at 10:30. There is a first and only calendar call at 10:30 a.m. Confirm the argument calendar with the Part Clerk before you travel, and arrive prepared to argue.
- Move for summary judgment within 90 days of the Note of Issue. The papers also have to comply with 22 NYCRR 202.8-b and 202.8-g.
- Do not chase the decision by phone. The rules direct counsel to email the Law Clerks rather than call the Part Clerk about the status of a decision.
- Capacity defects are dispositive. Justice King has dismissed actions under CPLR 3211(a)(3) where the named plaintiff lacked capacity to sue at filing (see Eisman below). Confirm the named plaintiff was alive and the personal representative was appointed before commencing.
- AI disclosure is a Part Rule. If any portion of a filing was drafted with generative AI, attach a disclosure identifying the tool, the portion drafted, the verification steps, and the responsible attorney. Failure to disclose creates an independent sanctions exposure.
- Discovery motions need permission. Confer in good faith first, obtain the court’s approval, and recite the date permission was granted in the moving papers.
- One ADR session, then a trial date. The part allows a single ADR session and a single settlement conference before setting a firm trial date, so counsel should arrive at ADR with real authority.
- Per diem coverage is standard. For routine conferences, brief your covering attorney on the discovery posture and any outstanding orders. For oral argument, retain counsel who can actually argue the motion.
Corrected August 5, 2026
An earlier version of this page stated that a request to adjourn a motion returnable in the Motion Submissions Part (Room 130) must also be directed to the Part Clerk. The Part Rules say the opposite: that request goes to Room 130 and not to the Part Clerk or chambers. The page also described an 11:00 a.m. conference rule without identifying the conference day or the argument call time. The rules set in-person discovery conferences for Thursdays at 10:00 a.m., with the 11:00 a.m. cutoff operating as the default point, and set oral argument for Tuesdays with a first and only call at 10:30 a.m. Both points have been corrected against the published rules.
Recent Substantive Ruling: Capacity to Sue
In an April 2026 motion practice appearance (Eisman v. Revels), Justice King ruled that a plaintiff who was deceased prior to the commencement of the action lacked legal capacity to sue under CPLR 3211(a)(3). The court relied on George v. Mount Sinai Hospital, 47 N.Y.2d 170, and Carrick v. Central General Hospital, 51 N.Y.2d 242. Capacity defects of this kind cannot be cured by amendment or substitution, but CPLR 205(a) preserves the right to refile within six months of dismissal where the original action was timely commenced. Anyone bringing a decedent or estate matter into Part 6 should have proof of the appointed representative ready and confirm the plaintiff was alive at filing.
Field Notes from March and April 2026
Two procedural conferences in March 2026 (Douglas v. Papadakis and LaCoss v. Lo) confirmed the Part’s pattern. Conferences were brief, the clerk processed orders without argument, and counsel was in and out quickly once the discovery posture was clear. Practitioners describe Part 6 as a user friendly part for status work, provided you arrive prepared.
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