Deborah A. Chimes
How Judge Chimes decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Child Victims Act litigation, she reads the Act's revival window (CPLR 214-g) independently from its companion tolling provision (CPLR 208(b)), rejecting a defense argument that would import 208(b)'s age-55 cap into 214-g's separate one-year revival window, and she requires concrete, affidavit-supported prejudice (not a bare, unsworn claim of faded memories) before crediting an as-applied due-process challenge to the revival window.
“It is noted that CPLR 214-g does not contain an age limitation or refer to CPLR 208 (b).”
In merchant-cash-advance/Revenue Purchase Agreement disputes, she applies the standard three-factor absolute-versus-contingent-repayment framework to reject undeveloped usury defenses at summary judgment, but she will not award attorneys' fees calculated as a percentage of a balance without a supporting affidavit and bill of costs breaking down how the fee was actually calculated.
“Accordingly, it is incumbent upon plaintiff's counsel to submit a Motion with an affidavit of calculations and Bill of Costs before the Court is in a position to award attorney's fees.”
In asbestos causation summary-judgment motions, she holds a moving defendant to its full prima facie burden of unequivocally establishing its product could not have contributed to the plaintiff's disease, and treats hearsay expert reports submitted only through an attorney affidavit (rather than a sworn expert affidavit) as insufficient to meet that burden.
“ORDERED that defendants motion for summary judgement is denied in all respects.”
Procedural preferences
On commercial arbitration petitions, she follows binding appellate authority closely: she will not stay or dismiss arbitration on public-policy or Civil Service Law grounds where a collective bargaining agreement's grievance procedure independently supplements the statute, and she treats compliance with a CBA's own procedural steps as a question for the arbitrator rather than the court.
“the order, among other things, dismissed the petition”
On post-hearing referee reports (e.g., an attorney-fee reference following a partial summary judgment), she scrutinizes the requested relief against the underlying contract's actual language rather than the equities of the outcome, rejecting a 'fees on fees' recovery where the lease's fee-shifting clause did not unambiguously extend that far.
“plaintiff is not entitled to "fees on fees."”
Cautions
A Child Victims Act motion-to-dismiss grant premised on failure to allege a special duty against a municipal defendant was unanimously REVERSED on appeal after the Fourth Department found the complaint's allegations sufficient after all -- a litigant relying on the trial-level dismissal should know it did not survive appellate review.
“It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied, and the complaint is reinstated.”
A summary-judgment dismissal in a Child Victims Act case against a national church body was only partly affirmed: the Fourth Department reinstated the negligent-retention/supervision and misrepresentation claims where the record left open a triable issue notwithstanding the trial court's broader dismissal, illustrating that even a full summary-judgment grant can be split into affirmed and reinstated components on appeal.
“unanimously modified on the law by denying those parts of the motion ... seeking summary judgment dismissing plaintiffs' first causes of action insofar as they assert claims for negligent retention, supervision, or direction ... and reinstating those claims against it”
A denial of a motion to dismiss can itself be modified into a partial grant where intervening appellate authority (decided the same day in a companion case) resolves a statute-of-limitations question against the non-moving party -- a reminder that a favorable denial at the trial level is not necessarily the final word once a parallel appeal is pending.
“unanimously modified on the law by granting the motion of defendant Rochester City School District in part and dismissing the fourth and fifth causes of action against that defendant”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The judgment and order denied the petition to stay arbitration. ... It is hereby ordered that the judgment and order so appealed from is unanimously affirmed without costs.”
“The order, among other things, dismissed the petition. ... It is hereby ordered that said cross appeal is unanimously dismissed and the order is affirmed without costs.”
“The order, insofar as appealed from, denied in part the motion of plaintiffs for partial summary judgment. ... It is hereby ordered that the order so appealed from is unanimously affirmed without costs.”
“The order and judgment denied in part petitioners' application to vacate an arbitrator's award. ... It is hereby ordered that the order and judgment so appealed from is unanimously affirmed without costs.”
“The order, inter alia, granted the motion of plaintiff for summary judgment. ... It is hereby ordered that the order so appealed from is unanimously affirmed without costs.”
“The order granted those parts of the motion of defendants to dismiss the second and fifth through ninth causes of action, and denied those parts of the motion to dismiss the first, third and fourth causes of action ... It is hereby ordered that the order so appealed from is unanimously affirmed without costs.”
“and denied those parts of the motion to dismiss the first, third and fourth causes of action and for attorneys' fees, costs and sanctions. ... we conclude that the court did not abuse its discretion in denying that part of their motion seeking attorneys' fees, costs, and sanctions”
“ORDERED that defendants motion for summary judgment is denied in all respects.”
“It is initially noted that plaintiff consented to dismissal of the claims based on violation of the Education Law; all claims against LaSalle Junior High School; and requests for punitive damages and attorney's fees. The District's motion is granted in that regard.”
“The District's motion to dismiss the first cause of action is denied. ... The District's motion to dismiss is denied. ... The District's motion to dismiss on the grounds that the Child Victims Act is unconstitutional as applied is denied.”
“The order denied the motion of defendant Rochester City School District to dismiss the complaint against it. ... unanimously modified on the law by granting the motion of defendant Rochester City School District in part and dismissing the fourth and fifth causes of action against that defendant, and as modified the order is affirmed without costs.”
“Based on the foregoing, defendants' motions are denied.”
“The order, among other things, granted the motion of defendant Evangelical Lutheran Church in America for summary judgment dismissing plaintiffs' complaints against it. ... unanimously modified on the law by denying those parts of the motion ... seeking summary judgment dismissing plaintiffs' first causes of action insofar as they assert claims for negligent retention, supervision, or direction and those parts seeking summary judgment dismissing plaintiffs' second causes of action insofar as they assert claims for fraudulent or negligent misrepresentation and reinstating those claims against it and as modified the order is affirmed without costs.”
“The order granted the motion of defendant Evangelical Lutheran Church in America (ELCA) for summary judgment dismissing plaintiffs' complaints against it. ... unanimously modified on the law by denying those parts of the motion ... seeking summary judgment dismissing plaintiffs' first causes of action insofar as they assert claims for negligent retention, supervision, or direction ... and as modified the order is affirmed without costs.”
Put Judge Chimes's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Chimes actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Chimes's own signed orders and cites them.