Diane E. Lutwak at a glance
- Current role
- Housing Court Judge
- Jurisdiction
- New York · State
- Judicial service
- Active
Diane E. Lutwak
Housing Court Judge · New York City Civil Court, Bronx County, Housing Part
Biography
Professional career
- Judge in the Housing Court of the City of New York, Bronx County, serving in Part C and Part T, appointed in 2016 and most recently reappointed for a term through 2026
Education
Additional information
- Appointment: By former Chief Administrative Judge Lawrence K. Marks in 2016; reappointed in 2021 for a term ending 2026
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 ↗
Published courtroom rules
Judge and named-part rules
Published judge / part rules (21 excerpts)
See document heading and cited passage; do not apply outside the issuing part or proceeding.
Official rules document ↗ · Collected 2026-10-27
Conferences and appearances
Appearances: All appearances are presumed to be in-person. If a party is unable to appear in person because of a medical condition or health issue you must request an Americans with Disabilities Act (“ADA”) accommodation from the court at ADANYCCIV@nycourts.gov and the accommodation request must be approved prior to your virtual appearance. Please seek an accommodation at least three days before your scheduled court date, so the court will have enough time to make its determination.
Source page 1Communications with chambers
Attorneys and unrepresented litigants must provide the court with their current telephone numbers/email addresses.
Source page 1Conferences and appearances
All parties or their attorneys must check in with court personnel upon entering the courtroom. If a party fails to check in on their case within thirty (30) minutes of the scheduled calendar time, it is in the court’s discretion to render a decision on the case in the party’s absence.
Source page 1Adjournments
Pre-trial Conferences: Once the matter is assigned to Part T from Part X, the parties are presumed to be trial ready, meaning all evidence has been procured, all discovery, dispositive and other motion practice has been resolved, and all applications to adjourn have been resolved. The Court will not entertain motion practice without leave.
Source page 1Trial exhibits and witnesses
Trial readiness includes the presence of all parties and/or their counsel with the authority to settle the matter. Where all parties are represented by counsel, they shall attempt in good faith to agree upon exhibits that will be offered into evidence without objection.
Source page 1Adjournments
Trial: On the trial date itself, the matter is presumed to be ready to proceed to trial. The Court will grant an adjournment request on a limited, case-by-case basis. Parties wishing to request an adjournment of a trial should do so by email to the Court and their adversaries as far in advance as possible.
Source page 1Filing and working copies
privacy protected information should not be uploaded to NYSCEF. Any photographs, texts or emails must be printed out. If a party intends to offer an audio or video recording into evidence, the party may email it to the Part in a format that can be uploaded to MS Cloud.
Source page 2Courtroom conduct and technology
• All Stipulations must be legible, clearly identify the names of those signing and address any “John Doe” / “Jane Doe” respondents.
Source page 2Motion practice
• All Stipulations must address the correct procedural posture of the case, including a resolution of any pending motions. Failure to address a pending motion will be deemed to be the parties’ consent to the court deeming all pending motions settled.
Source page 2Conferences and appearances
• Petitioner-Landlords must provide zero-balance breakdowns before settling nonpayment proceedings and in support of requests for default judgments or denials of Orders to Show Cause due to nonappearance of the movant.
Source page 2Adjournments
• Where a Stipulation adjourns a case, the reason for the adjournment must be stated and the adjournment date must be requested from the court in advance.
Source page 2Conferences and appearances
• All self-represented litigants must appear before the Judge for allocution of substantive settlement agreements.
Source page 2Adjournments
• Any Stipulation or Notice of Discontinuance must state the reason for discontinuance, whether it is with or without prejudice and whether any judgment entered/warrant issued is vacated. Failure to address a judgment/warrant will be deemed to be an acknowledgement that they are to be vacated.
Source page 2Adjournments
1. Email correspondence: All email communications with the Court must be copied to all parties. Attorneys and unrepresented parties are permitted to email the Court for the limited purposes of scheduling or requesting adjournments of court appearances;
Source page 2Communications with chambers
If any party emails the Court ex parte, the Court will forward that email to all other parties to the case or delete the email. Email shall not be used to resolve disputes.
Source page 2Conferences and appearances
2. Filing on NYSCEF in advance of a scheduled appearance of Stipulations of Settlement where all parties are represented by counsel is encouraged. Such Stipulations should be
Source page 2Communications with chambers
3. All witnesses who testify virtually must be on a device where they can be seen. A witness cannot testify by telephone. All virtual witnesses must either be in a room by themselves or must be sitting next to a party or an attorney who is visible on the screen.
Source page 3Trial exhibits and witnesses
Virtual witnesses may not otherwise have someone else in the room with them when they testify and may not consult with anything when they testify unless the Court, an attorney, or a litigant shows the witness an exhibit or if the witness follows procedures for refreshing the witness’ recollection as provided for in the rules of evidence. If a virtual witness is not at an attorney’s office, the Court will ask the witness to turn their device around so that Court can confirm that the witness is alone.
Source page 3Motion practice
4. Motions may not be submitted on consent; attorneys should be prepared to argue them.
Source page 3Motion practice
5. Motions for appointment of a guardian ad litem must be decided by the court and cannot be resolved on consent.
Source page 3Trial exhibits and witnesses
7. For cases proceeding to inquest, Petitioners must be prepared to submit evidence at the hearing of their investigation into Respondents’ military status.
Source page 3Shared court rules
22 NYCRR Part 208 — Uniform Civil Rules New York City Civil Court
New York City Civil Court, Bronx County, Housing Part
Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.
Official source ↗ · Collected 2026-10-27Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings
New York City Civil Court, Bronx County, Housing Part
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 City Civil Court, Bronx County, Housing Part
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 July 26, 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 ↗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 ↗New York State Unified Court System official judicial roster
Identity source · HTML · Source checked July 27, 2026
View New York State Unified Court System official judicial roster ↗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 ↗