Leonard Livote
How Judge Livote rules, drawn from 37 signed orders. Every observation links to the order it came from.
About Judge Livote
Leonard Livote was elected a justice of the New York Supreme Court in Queens County in 2020 and took office in January 2021. He presides over Commercial Division Part A and general civil matters, after earlier service as a judge of the New York State Court of Claims and an Acting Justice of the Supreme Court.
Judge Livote's practices and standing orders
Rules for cases before Judge Livote, as published on the court's website (checked October 11, 2026). Judges revise these often, so confirm the current version on the court's site before you file.
Key rules
Contacting chambers
Email only the appropriate Part 33 or Commercial Division Part A address.
“Please email only the appropriate address. Please do not email both addresses.”
Motions
Submit motions with a motion submission form; oral argument occurs only if the court requests it.
“There is no oral argument unless requested by the Court. 2. Motions must be submitted with a motion submission form available here.”
Conferences
For commercial cases, complete, sign, and email the preliminary conference form on the scheduled date.
“For Commercial Division cases the parties must fully complete, sign and email the Preliminary Conference form for the Judge’s review and signature on the scheduled preliminary conference calendar date.”
How Judge Livote decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Morante v. Blaney, Livote denied a driver's summary judgment request after a left-turn collision. The Appellate Division reversed, holding that the other driver's failure to yield was the sole cause of the crash.
“Here, the defendant established, prima facie, that he was free from fault in the happening of the accident and that the plaintiff's conduct, which constituted negligence per se, was the sole proximate cause thereof”
In Bastidas v. Garcia, Livote granted summary judgment dismissing the fiduciary-duty claim but denied the defendants' requests to dismiss the remaining claims.
“Accordingly, the branch of defendants' motion for summary judgment dismissing the breach of fiduciary duty claim is granted and the first cause of action is dismissed. The remaining branches of defendants' motion are denied.”
In Cabrita v. Vitabyte, Livote denied preliminary relief that would effectively decide the enforceability of employment agreements, but granted narrower relief against threats and intimidation directed at third parties doing business with the plaintiff.
“Simon demonstrates a likelihood of success on the merits of his claim that the restrictive covenants over his employment contained in the agreements are at least partially unenforceable.”
In Kloud NYC’s Article 78 proceeding, Judge Livote held that the Sheriff’s Office lacked a rational basis to maintain a sealing order after the hearing officer dismissed the underlying summons and recommended lifting the order.
“the Sheriff's Office failed to provide a rational basis for its decision to reject the OATH recommendation as to the Sealing Order”
Procedural preferences
Commercial Division Part A requires the words 'COMMERCIAL DIVISION' conspicuously marked on Commercial Division motion papers, and all such motions must be made returnable directly in his Part on his own Tuesday motion day, rather than through the Centralized Motion Part.
“all Commercial Division motions made before Justices Marguerite A. Grays or Leonard Livote must be made returnable directly before either judge in their respective Commercial Division Parts and on their respective motion days”
Under the published Part 33 rules, motions are on submission without oral argument unless the court requests it.
“All motions are currently on submission. There is no oral argument unless requested by the Court.”
Cautions
In Yong Hong Xie v. Lan Chen, the Appellate Division vacated the conditional contempt language in Judge Livote's discovery order because the defendants had not received the warning required by Judiciary Law § 756.
“the defendants were never provided with the warning required by Judiciary Law sec. 756”
The judge treated selective quotation and citation of nonexistent authority as sanctionable conduct, awarding the opposing party its fees for responding and directing later documentation of the amount.
“Thus, the Court finds Mr. Hendel's conduct as frivolous and, therefore, sanctionable under Rules of the Chief Administrator of the Courts, 22 NYCRR § 130-1.1”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“an order of the Supreme Court, Queens County (Leonard Livote, J.), entered April 20, 2017. The order, insofar as appealed from, granted that branch of the defendants' motion which was for summary judgment dismissing the cause of action alleging that the plaintiff is the owner of the subject property by adverse possession.”
“an order of the Supreme Court, Queens County (Leonard Livote, J.), entered March 26, 2018. The order, insofar as appealed from, denied those branches of the plaintiff's motion which were for summary judgment dismissing the first and second counterclaims.”
“an order of the Supreme Court, Queens County (Leonard Livote, J.), entered July 31, 2018. The order denied the motion of the defendants Sleepy's, LLC, and Mattress Firm, Inc., pursuant to CPLR 7503 to compel arbitration of the plaintiffs' claims and stay all proceedings in the action pending arbitration.”
“an order of the Supreme Court, Queens County (Leonard Livote, J.), entered January 23, 2020. The order, insofar as appealed from, granted that branch of the defendants' motion which was pursuant to CPLR 3211 (a) (7) to dismiss the complaint.”
“The order entered May 15, 2020, granted the plaintiff's motion for summary judgment on the first though sixth causes of action in the complaint. ... the judgment is affirmed”
“The order denied the defendants' motion for summary judgment dismissing the complaint and on their counterclaims for adverse possession, granted the plaintiff's cross motion for summary judgment on the issue of liability on the complaint, and canceled the notice of pendency against the subject real property.”
“granted the plaintiff's cross motion for summary judgment on the issue of liability on the complaint, and canceled the notice of pendency against the subject real property.”
“an order of the Supreme Court, Queens County (Leonard Livote, J.), dated June 28, 2019. The order, insofar as appealed from, granted those branches of the motion of the defendants ... which were for summary judgment dismissing the first and fourth causes of action insofar as asserted against the defendant Vincent Tomasino, Jr., and the third cause of action insofar as asserted against the defendants Vincent Tomasino, Jr., and Jackson Bounty, LLC.”
“an order of the Supreme Court, Queens County (Leonard Livote, J.), entered October 8, 2019. The order denied the defendants' motion for a preliminary injunction. ... the defendants failed to demonstrate a likelihood of success on the merits and thus, their motion for a preliminary injunction was properly denied”
“an order of the Supreme Court, Queens County (Leonard Livote, J.), entered September 10, 2019. The order, insofar as appealed from, granted that branch of the plaintiff's motion which was pursuant to CPLR 5015 (a) to vacate an order of the same court dated August 29, 2018, granting the unopposed motion of those defendants for summary judgment dismissing the complaint insofar as asserted against them.”
“an order of the Supreme Court, Queens County (Leonard Livote, J.), entered March 14, 2023. The order granted the motion of the defendants Yong Won Bu ... and Su Nam Bu pursuant to RPAPL 1301 to dismiss the complaint insofar as asserted against them.”
“an order of the Supreme Court, Queens County (Leonard Livote, J.), dated January 8, 2024. The order denied that defendant's motion pursuant to CPLR 3211 (a) to dismiss the amended complaint insofar as asserted against it.”
“an order of the Supreme Court, Queens County (Leonard Livote, J.), entered December 14, 2023. The order, insofar as appealed from, granted those branches of the plaintiff's motion which were for summary judgment on the issue of liability and dismissing the seventh affirmative defense, asserting equitable estoppel.”
Draft for Judge Livote with the record in hand
Ezel grounds your drafting and research in this profile: what has persuaded Judge Livote, and what has not, cited to the signed orders.
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