David B. Cohen at a glance
- Current role
- Supreme Court Justice
- Jurisdiction
- New York · State
- Judicial service
- Active
- Term and retention
- Current term ends 2034
David B. Cohen
Supreme Court Justice · New York County Supreme Court
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Biography
Professional career
- Democratic Party judge of the New York Supreme Court, 1st Judicial District (New York County), serving since December 31, 2020, with a term ending January 1, 2035
- Elected Justice, NY Supreme Court, 1st Judicial District (2020–present)
- Justice, New York Supreme Court, New York County, New York, NY, 2021-2034
- Acting Justice, New York Supreme Court, New York County, New York, NY, 2015-2020
- Judge, Civil Court of the City of New York, New York, NY, 2011-2020
- Judge, NYC Civil Court, New York County (2011–2020)
- Judge, Civil Court of the City of New York, 2013-2014
- Acting Judge, Family Court of the City of New York, Bronx County, New York, NY, 2011-2012
- Judge, NYC Housing Court (2004–2011)
- Judge, Civil Court of the City of New York, New York, NY, 2009-2010
- Judge, Civil Court of the City of New York, 2004-2009
- Early Career: Legislative associate for NY State Assemblyman Sheldon Silver; court attorney for NY Supreme Court Justice Richard Lee Price
- Assistant Attorney General (Litigation Bureau)
Education
- Yeshiva University — J.D. (1992)
- Yeshiva University — B.A. (1990)
Additional information
- Under Part 58 Rules, Cohen’s court emphasizes e‐filing, prohibits ex parte communications, and requires prior approval for adjournments of conferences or motions.
- Judge Cohen presides over Part 58 matters in the New York County Supreme Court, which handle motions in civil cases.
Applicable Court Rules & Procedures
Recording and broadcasting
Statewide
New York statewide rules require permission before photographing, filming, videotaping, audiotaping, broadcasting, or telecasting in court facilities, including courtrooms.
Taking photographs, films or videotapes, or audiotaping, broadcasting or telecasting, in a courthouse including any courtroom, office or hallway thereof, at any time or on any occasion, whether or not the court is in session, is forbidden, unless permission of the Chief Administrator of the Courts or a designee of the Chief Administrator is first obtainedPart 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings ↗
Exhibits
Statewide
The official Guide to New York Evidence identifies court control over presentation of evidence as a statewide evidence topic; counsel should expect the assigned judge to control the mode and order of proof.
1.07. COURT CONTROL OVER PRESENTATION OF EVIDENCEGuide to New York Evidence: Article 1, General Provisions and Court's Role ↗
Statewide
In New York Supreme Court and County Court civil cases, the court may require indexed trial exhibit binders, notebooks, or electronic equivalents for the court, counsel, and witnesses.
The court may direct that on the first day of trial or at such other time as the court may set, counsel shall submit an indexed binder or notebook, or the electronic equivalent, of trial exhibits for the court's use.Part 202: Uniform Civil Rules for the Supreme Court and the County Court ↗
Statewide
Civil trial counsel in New York Supreme Court and County Court must confer before trial and attempt to agree on exhibits to be offered without objection, unless the court directs otherwise.
Counsel for the parties shall consult prior to trial and shall in good faith attempt to agree upon the exhibits that will be offered into evidence without objection.Part 202: Uniform Civil Rules for the Supreme Court and the County Court ↗
Remote appearances
Statewide
For Commercial Division matters, New York rules encourage Virtual Evidence Courtrooms for managing and presenting trial evidence after authorization by request or court direction.
Virtual Evidence Courtrooms (VECs) may be used to facilitate real-time access to trial exhibits and other relevant documents.Part 202.70 Commercial Division Rules: Virtual Evidence Courtrooms and Trial Exhibits ↗
Statewide
For New York criminal proceedings, virtual and hybrid appearances are governed by Part 200 consent, objection, public-access, and calendar-update requirements.
For all hybrid proceedings, all electronic appearances shall be projected in the physical courtroom in which the in-person portion of the proceeding is taking place in such a manner as to provide a reasonable opportunity for members of the public to view and hear the participants appearing electronically.Part 200: Uniform Rules for Courts Exercising Criminal Jurisdiction ↗
Published courtroom rules
Judge and named-part rules
Published judge / part rules (27 excerpts)
See document heading and cited passage; do not apply outside the issuing part or proceeding.
Official rules document ↗ · Collected 2026-10-27
Filing and working copies
Conversion to e-filing is required where all parties are represented by counsel.
Source page 1Adjournments
A. All requests to adjourn conferences and oral arguments on motions require prior court approval at least two business days prior to the conference/argument date and must be directed to the Part Clerk at SFC-Part58-Clerk@nycourts.gov. Any stipulation adjourning a conference or motion must set forth a reason for the adjournment, must be so-ordered, and must be e-filed (or, on non-e-filed cases, filed with the court) at least one business day before the scheduled conference or argument.
Source page 1Adjournments
B. A party seeking an adjournment of a conference or motion must confer with all other parties to ascertain whether there can be a stipulation to adjourn. If the parties cannot agree to an adjournment, they must set up a conference call with chambers or appear and make an application before the court at least two business days prior to the scheduled conference date or the return date of the motion.
Source page 1Adjournments
C. Do not call chambers regarding other scheduling matters and uncontested requests for adjournments. Any such calls will result in your being directed to the Part Clerk.
Source page 1Communications with chambers
E. Ex parte communications are strictly prohibited. Every party must be copied on all communications with the court, including emails.
Source page 2Adjournments
C. All summary judgment motions must be filed within 120 days after the filing of the note of issue, unless otherwise ordered by the court, or will be denied absent good cause shown for the delay. Additionally, in accordance with 22 NYCRR 202.8-g(a), this Court, in its discretion, directs that all summary judgment motions must contain a “short and concise statement, in numbered paragraphs, of the material facts as to which the moving party contends there is no genuine issue to be tried.” Pursuant to 22 NYCRR 202.8-g(e), a movant’s failure to submit an undisputed statement of facts will result in the denial of the motion with leave to renew upon proper papers, adjournment of the motion to allow the movant time to submit an undisputed statement of facts, or any other action this Court deems just and proper.
Source page 2Motion practice
D. Part 58 is a paperless part and parties are not required to provide working copies of motion papers unless otherwise directed by the court.
Source page 2Motion practice
F. Parties arguing motions must be familiar with the case on which they appear and be fully prepared and authorized to discuss and resolve the issues which are the subject of the motion. Attorneys who appear for argument of dispositive motions must also have settlement authority. Failure to comply with this rule may be treated as a default for purposes of Rule 202.27 and/or may be treated as a failure to appear for purposes of Rule 130.2.1.
Source page 2Communications with chambers
G. If a motion has been withdrawn or otherwise resolved, the parties must immediately e-mail the Part Clerk at SFC-PART58-Clerk@nycourts.gov a stipulation or notice to this effect.
Source page 2Motion practice
H. All notices of motion/cross motion, orders to show cause, affirmations, affidavits, memoranda of law, and exhibits to motions must be labeled and tabbed individually and must contain the motion sequence number on the upper right corner of the first page, whether e-filed or not. All motion papers and exhibits thereto must be e-filed separately and must contain a concise and accurate description of the document filed on NYSCEF.
Source page 2Communications with chambers
The failure to comply with the foregoing may result in the denial of the motion. Any correspondence to the court regarding a motion must contain the motion sequence number to which it pertains or it will be disregarded.
Source page 3Communications with chambers
I. If the parties have a discovery dispute, they must consult with each other in a good faith effort to resolve the same (22 NYCRR 202.7[a]). Such consultation may take place by an in-person, telephonic, or virtual conference (at the request of the parties, the Part 58 Clerk can facilitate such a virtual meeting). In the event such an attempt is not successful, then the parties are required to e-mail the Part 58 Clerk at SFC-Part58-Clerk@nycourts.gov to arrange a conference with the court to attempt to resolve the issue(s). If the dispute cannot be resolved by a conference with the court, then the party seeking relief may file a discovery motion. Leave of court is not required to file the motion but no motion may be filed unless the court has first conferenced the case. If such a motion is filed, the affirmation of good faith submitted in support of the same must “indicate the time, place and nature of the consultation and the issues discussed and any resolutions, or shall indicate good cause why no such conferral with counsel for opposing parties was held” (22 NYCRR 202.7[c]). The affirmation of good faith must also indicate the identity of the individual who conferenced the case with the parties (i.e., Justice Cohen or which of his Law Clerks), as well as the date on which the case was conferenced by the court. Failure to comply with these requirements will result in the denial of the motion.
Source page 3Motion practice
J. The parties are encouraged to resolve possible motions by stipulation whenever possible. For example, motions to amend a pleading, for an attorney to appear pro hac vice, to change venue, or to consolidate can often be resolved by the parties without judicial intervention. Where such a stipulation resolves a motion or extends a deadline previously set by the court, it must be e- mailed to the Part 58 Clerk at SFC-Part58-Clerk@nycourts.gov so that the court may so-order the same. A stipulation resolving a motion which requires a Clerk to take action, such as a motion to consolidate, change venue, or amend a caption or pleading, must contain language directing the Clerk to take such specific action in accordance with CPLR 8019(c) and, in e-filed cases, must be accompanied by NYSCEF form EF-22.
Source page 3Discovery
However, if all parties to a case can agree to a discovery schedule ahead of time, they may submit a stipulation to the court by 3 pm on the Monday before the scheduled conference, and then they will not need to appear for the conference. Instead, the stipulation will be reviewed, so- ordered, and filed and entered by the court. Otherwise, the parties must appear for the conference.
Source page 3Discovery
Counsel for all parties shall consult prior to a preliminary, compliance, or status conference about the resolution of the case, in whole or in part; discovery, including disclosure of electronically stored information, and any other issues to be discussed at the conference; the use
Source page 3Conferences and appearances
of alternate dispute resolution to resolve all or some issues in the litigation; and any voluntary and informal exchange of information that the parties agree would help aid early settlement of the case. Counsel shall make a good faith effort to reach agreement on these matters in advance of the conference.
Source page 4Conferences and appearances
Preliminary conference stipulations – must be emailed using this form – http://ww2.nycourts.gov/courts/1jd/supctmanh/preliminary_conf_forms.shtml
Source page 4Conferences and appearances
Compliance conference stipulations –the parties must draft a stipulation. It must be drafted in Microsoft Word format or as a PDF.
Source page 4Filing and working copies
Proposed stipulations must be signed or e-signed by all parties before submission to the court.
Source page 4Motion practice
The parties are required to bring to the attention of the Part Clerk all pending motions relating to the case being conferenced, whether the motion(s) is pending in the Motion Submissions Part, or whether it has been fully submitted.
Source page 4Conferences and appearances
Except where a party appears pro se, an attorney thoroughly familiar with the action/proceeding and authorized to act on behalf of a party shall appear at a preliminary, compliance, or status conference and must be prepared resolve all issues which may arise. Failure to comply with this rule may be treated as a default for purposes of Rule 202.27 and/or may be treated as a failure to appear for purposes of Rule 130-2.1.
Source page 4Communications with chambers
All orders must be legible, must indicate that the case is a Part 58 action, and must contain Justice Cohen’s name, as well as the names, addresses and telephone numbers of all counsel appearing at the conference.
Source page 4Communications with chambers
There shall be strict compliance with the discovery deadlines set forth in preliminary conference orders, status/compliance conference orders, and case scheduling orders. Noncompliance with a court order may result in the imposition of sanctions, or other relief pursuant to CPLR 3126, against the offending party. Any application for an extension of a discovery deadline shall be made as soon as practicable and prior to the expiration of the deadline. Such an extension may be granted by the court only upon good cause shown and where notice of the request is provided to all parties. Parties are to e-mail applications or
Source page 4Adjournments
stipulations extending discovery deadlines to the Part Clerk and such requests must set forth, in reasonable detail, the reason for the adjournment. Any extension of time past a court-ordered deadline, by stipulation or otherwise, must be ordered by the court.
Source page 5Motion practice
A. At the first appearance before Justice Cohen for trial, all parties shall provide: all marked pleadings and bills of particular, all notices to admit and responses thereto, any relevant case law, prior decisions bearing directly on the issues to be raised at trial, all motions in limine, a proposed verdict sheet (subject to revision), and a brief trial memorandum of law setting forth the relevant facts of the case and setting forth the legal arguments to be contested at trial.
Source page 5Conferences and appearances
Counsel shall also advise the court of all witnesses and expert witnesses to be called at trial, as well as whether any interpreter(s) is required. In preparation for the charge conference, the parties shall provide the court with proposed jury instructions.
Source page 5Motion practice
B. Post-trial motions shall be made within 15 days after verdict (CPLR 4405).
Source page 5Shared court rules
22 NYCRR Part 200 — Uniform Rules Courts Exercising Criminal Jurisdiction
New York County Supreme Court
State criminal proceedings only; section-specific court and case exceptions remain applicable.
Official source ↗ · Collected 2026-10-2722 NYCRR Part 202 — Uniform Civil Rules Supreme Court And County Court
New York County Supreme Court
Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.
Official source ↗ · Collected 2026-10-27New York County Supreme Court, Civil Branch — Rules of the Justices
New York County Supreme Court
Civil Branch proceedings in New York County Supreme Court only; not criminal proceedings. Preserve source version and check later judge/part instructions.
Official source ↗ · Collected 2026-10-27Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings
New York County Supreme Court
Scope is limited to the court class in the source claim. Shared court context only; case-type restrictions, exceptions, later amendments and case orders apply. This is not a personal preference or a complete rules inventory.
Official source ↗ · Collected 2026-07-26Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings
New York County Supreme Court
Scope is limited to the court class in the source claim. Shared court context only; case-type restrictions, exceptions, later amendments and case orders apply. This is not a personal preference or a complete rules inventory.
Official source ↗ · Collected 2026-07-26Sources
Identity source checked July 26, 2026.
Biography sources checked August 2, 2026.
New York State Unified Court System Judicial Directory official judicial roster
Identity source · HTML · Source checked July 26, 2026
View New York State Unified Court System Judicial Directory official judicial roster ↗CourtListener judicial biographical directory
Identity source · HTML · Source checked August 2, 2026
View CourtListener judicial biographical directory ↗Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings
Statewide source · HTML · Source checked July 26, 2026
View Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings ↗Guide to New York Evidence: Article 1, General Provisions and Court's Role
Statewide source · HTML · Source checked July 26, 2026
View Guide to New York Evidence: Article 1, General Provisions and Court's Role ↗Part 202: Uniform Civil Rules for the Supreme Court and the County Court
Statewide source · HTML · Source checked July 26, 2026
View Part 202: Uniform Civil Rules for the Supreme Court and the County Court ↗Part 202.70 Commercial Division Rules: Virtual Evidence Courtrooms and Trial Exhibits
Statewide source · HTML · Source checked July 26, 2026
View Part 202.70 Commercial Division Rules: Virtual Evidence Courtrooms and Trial Exhibits ↗Part 200: Uniform Rules for Courts Exercising Criminal Jurisdiction
Statewide source · HTML · Source checked July 26, 2026
View Part 200: Uniform Rules for Courts Exercising Criminal Jurisdiction ↗