Hon. Nicholas W. Moyne. Part 41.
Supreme Court, New York County. 80 Centre Street, Room 327, New York, NY 10013. Published Part Rules and practitioner intelligence from attorneys with direct experience in Part 41.
Book an AppearanceQuick Reference
| Courthouse | 80 Centre Street, New York, NY 10013 |
| Courtroom and Chambers | Room 327 |
| Courtroom phone | (646) 386-3984 |
| Chambers phone | (646) 386-3955 |
| Part Clerk email | sfc-part41-clerk@nycourts.gov |
| Chambers email | sfc-part41@nycourts.gov |
| Oral argument | Held on all opposed motions and all motions to be relieved as counsel. |
| Clerk availability | Not between 1:00 and 2:15 p.m., and not after 4:00 p.m. |
Published Part Rules
Source: nycourts.gov, Part 41 Rules. The published rules carry no printed revision date. | Last verified: August 5, 2026
General
Justice Nicholas W. Moyne presides over IAS Part 41, an e-filed general IAS part at 80 Centre Street, Room 327. Both chambers and the courtroom are in Room 327.
Contacting the Court
No ex parte communication is permitted, and that prohibition covers every email and every phone call. All parties must be included in any communication with the court. The Part Clerk cannot accept deliveries or answer email or telephone calls between 1:00 and 2:15 p.m. or after 4:00 p.m. Email to the court must carry the index number of the action.
Motions
Oral argument is held on all opposed motions and on all motions to be relieved as counsel. Counsel should expect argument to be on the record and should be prepared for the court to rule, or to rule in part, from the bench.
A motion to be relieved as counsel must be brought by order to show cause. Counsel moving to be relieved must email the client's telephone number and email address to the Part Clerk immediately after service. A motion or special proceeding may be initiated by order to show cause only where a statute, the part rules, or a request for emergency interim relief requires it, and every proposed order to show cause must include a provision for service of responsive papers with a blank space reserved for the date of service.
Counsel should not contact the court about the status of a decision on a motion unless the matter is time sensitive.
Adjournments
Where the parties stipulate to adjourn the initial return date of a motion or a special proceeding, they upload the signed stipulation to NYSCEF and select the adjournment designation from the filing menu. The Motion Support Office forwards the stipulation to the court, so no separate stipulation is submitted to chambers. Where one party seeks an adjournment and another refuses to consent, the party seeking it emails a written request to the Part Clerk.
Stipulations Other Than Adjournments
A stipulation of discontinuance signed by counsel for all parties and by every unrepresented party is uploaded to NYSCEF and emailed to the Part Clerk. A stipulation signed by fewer than all is uploaded to NYSCEF and sent to the Part Clerk with a request that the court so order it. A stipulation amending the caption is likewise uploaded to NYSCEF, and within 15 days of entry of the so-ordered stipulation the responsible party serves a copy on the Trial Support Office at 60 Centre Street, Room 148, and separately files the notice required by CPLR 8019(c) on Form EF-22.
So-Ordered Subpoenas
A proposed so-ordered subpoena is uploaded to NYSCEF and sent to the Part Clerk, and every request must be accompanied by a brief statement explaining why the subpoena needs to be so ordered and why the discovery is appropriate. A subpoena the court signs is not uploaded to NYSCEF. It is emailed to the requesting party or retrieved in the courtroom, as the court directs.
Discovery Conferences and Disputes
The court supplies the forms for preliminary, compliance, and status conference orders to the plaintiff. Plaintiff's counsel confers with the defendants, the parties agree on the terms, and plaintiff fills out the proposed order, leaving blank the spaces for the next submission date and the note of issue deadline, then emails the completed proposed order to the Part Clerk. A proposed discovery conference order is never uploaded to NYSCEF. Where the parties cannot agree on the terms, they request a conference through the Part Clerk.
Contact Information
Principal Court Attorney Nicholas Grafstrom, Esq. Assistant Law Clerk Sarah Waldman, Esq. Part Clerk email sfc-part41-clerk@nycourts.gov. Chambers email sfc-part41@nycourts.gov. Courtroom telephone (646) 386-3984. Chambers telephone (646) 386-3955.
Practitioner Intelligence
From attorneys who have appeared in this part. Last updated: August 5, 2026.
What to Expect
Part 41 argues its opposed motions. The rule is written as a standing directive rather than a discretionary invitation, and counsel should assume argument will be on the record and that the court may rule from the bench. Plan the appearance as an argument, not a submission.
Tips
- Every opposed motion is argued. Oral argument is held on all opposed motions and on all motions to be relieved as counsel, so the return date is a real court date and the covering attorney has to know the papers.
- Be ready for a bench ruling. The court may decide the motion, or part of it, from the bench. Bring the relief you actually want in a form you can articulate.
- Route everything through the Part Clerk, and mind the clock. The Part Clerk does not take deliveries, email, or calls between 1:00 and 2:15 p.m. or after 4:00 p.m. Put the index number in the subject line, and copy every party, because the part treats a one-sided email as an ex parte communication.
- Do not upload a proposed discovery conference order. Plaintiff's counsel fills out the court's form, leaves the next submission date and the note of issue deadline blank, and emails it to the Part Clerk. Filing it on NYSCEF is the wrong move.
- Adjourn through NYSCEF, not through chambers. The consent stipulation goes up on NYSCEF with the adjournment designation, and Motion Support forwards it. Sending a second copy to the court is unnecessary.
- Explain why a subpoena needs the court's signature. Every so-ordered subpoena request must carry a short statement of the need for it and why the discovery is appropriate, and the signed copy comes back by email or over the counter rather than through NYSCEF.
Need Coverage for This Part?
We appear before Justice Moyne regularly and understand this courtroom. Flat-rate coverage for attorneys and law firms. Same-day report.
Phone: 212-233-0666 | Text/Emergency: 917-686-3827 | Email: fabramson@abramsonlegal.com
When your case is on the line, send someone who knows the courtroom.
Attorney Advertising. Prior results do not guarantee a similar outcome. The Law Office of Frederic R. Abramson, 160 Broadway, Suite 500, New York, NY 10038. 212-233-0666.
Court rules and procedures change frequently. Information on this page is for general reference only and may not reflect the most current rules. Verify all information with the Part Clerk before your appearance.
Browse our Judge Intelligence Directory for more judges, or see our complete New York County Supreme Court Guide.
Out-of-State Attorney with a Matter Before This Judge?
The Law Office of Frederic R. Abramson serves as local counsel for out-of-state attorneys admitted pro hac vice in New York Supreme Court. 28 years in these courthouses. Admitted to SDNY and EDNY since 1997.
Pro Hac Vice Overview · Do You Need Local Counsel? · PHV by Order to Show Cause
Explore our per diem attorney services, EBT deposition coverage, and per diem attorney guide.