Hon. Leonard Livote. Part 33, Commercial Division Part A.

Published Part Rules

Source: nycourts.gov, Part 33 Part Rules | Last verified: August 5, 2026

Correction: Part 33 Is Commercial Division Part A

An earlier version of this page described Part 33 as a general litigation part and told readers to request oral argument. The published rules title the part I.A.S. Part 33, Commercial Division Part A, and they state that there is no oral argument unless the Court requests it. We corrected both entries on August 5, 2026.

Motions on Submission

Motions are heard on Tuesdays at 9:30 a.m. in Courtroom 122. All motions are currently on submission, and there is no oral argument unless the Court requests it. Every motion must be submitted with the part's motion submission form. On a Commercial Division case, the moving party must mark the words "COMMERCIAL DIVISION" clearly and conspicuously on the notice of motion or order to show cause.

Electronic Filing

E-filing is mandatory. If a case is not e-filed, it must be converted to e-filing before a motion is made.

Contacting the Part

All inquiries must be made by email. The Part 33 address is QSCPART33@nycourts.gov and the Commercial Division Part A address is QNSCDPTA@nycourts.gov. Email only the address that fits the case, not both, and do not email the Law Secretary or the Secretary except in reply to a message from them.

Conferences

All non-Commercial Division preliminary and compliance conferences are referred to the PC/CC Part, so a covering attorney should confirm which part is actually holding the conference before traveling to Part 33. On a Commercial Division case, the parties fully complete, sign, and email the preliminary conference form for the judge's review and signature on the scheduled calendar date. Compliance conferences are held on the date set in the preliminary conference stipulation and order, and the parties are directed to make good faith efforts to complete the compliance order and email it to the part to be so-ordered. Discovery disagreements go to chambers by email, and the court may then schedule a virtual conference.

Alternative Dispute Resolution

The rules encourage litigants to use the ADR program. The ADR Coordinator is Linda Dardis, reachable at QSCADR@nycourts.gov.

Trials in Commercial Division Part A

Before trial begins, counsel submit marked pleadings, a copy of the bill of particulars, a witness list, an exhibit list, proposed jury instructions, and a proposed verdict sheet. The trial runs on a continual daily basis until it concludes, and no adjournment or delay is allowed during trial absent exigent circumstances. Counsel must call the part two days before the trial date to confirm the part is available. A motion in limine must be made no later than 10 days before the scheduled pre-trial conference date under Rule 27 of 22 NYCRR 202.70, and an untimely motion in limine will not be considered. An attorney fully familiar with the case must appear at the pre-trial conference and must bring a copy of the marked pleadings.

Settlements and Discontinuances

If an action settles, is discontinued, or is otherwise disposed of, counsel must immediately inform the court by submitting a copy of the stipulation or a letter to the Clerk of the Part. Every stipulation of discontinuance must be accompanied by proof of payment of the fee under CPLR 8020(d)(1).

Check eCourts Regularly

Part rules and schedules change. Confirm the calendar on eCourts before you appear.

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