Linda S. Jamieson

How Judge Jamieson rules, drawn from 30 signed orders. Every observation links to the order it came from.

Court
Supreme Court of the State of New York, Westchester County (Commercial Division)
Position
State court judge
Education
Hofstra University (B.A.); Pace University School of Law (J.D.)
Signed orders read
30

About Judge Jamieson

Linda S. Jamieson has served as a justice of the New York Supreme Court since January 2003 and sits in Westchester County’s Commercial Division and Civil Trial Part. She previously served on the Westchester County Family Court and earned her law degree from Pace University School of Law.

Judge Jamieson's practices and standing orders

Rules for cases before Judge Jamieson, 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

Copy all opposing counsel and unrepresented parties on correspondence to the court.

“Correspondence to the Court shall, without exception, be copied to all adversary counsel and pro se litigants”

Filing

Do not send working copies unless the court requests them, except for required pretrial working copies.

“Except as otherwise specified in these Part Rules, do not send working copies unless the Court requests them. However, the Court requires the working copies of all pre-trial documents,”

Motions

Commercial Division motions generally require a prior conference requested by a letter of at most one page.

“No motion shall be made, except as allowed by Rule 24 of the Commercial Division Rules, without a prior conference with the Court, which conference may be obtained by the submission of a brief letter application, not exceeding 1 page in length.”

Discovery

A discovery dispute motion in an already assigned case requires a prior conference.

“With respect to cases already assigned to this Court at the time that a discovery dispute arises, no motion with respect to the dispute shall be made without a prior conference with the Court,”

Conferences

In commercial cases, request conference adjournments through NYSCEF at least two business days in advance.

“Request for a conference adjournment should be filed in NYSCEF, and MUST state the next appearance date. Any other relief should be requested by filing letter in NYSCEF. Requests for adjournment of matters should be made by not later than two business days prior to the conference.”

Conferences

In noncommercial cases, conferences are in person unless the court directs otherwise.

“All conferences are in person, unless otherwise instructed.”

How Judge Jamieson decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

In Marchetti v. Marchetti, Judge Jamieson rejected a necessary-party objection because the omitted co-owner would not be inequitably affected by the judgment in the family business dispute.

“Defendants have not established that Ivana will be 'inequitably affected' by a judgment herein ... because if plaintiffs prevail, Ivana will receive a potential benefit as a partial owner of the plaintiff entities, and if plaintiffs do not prevail, Ivana's rights as an owner thereof are not affected.”

In Segal v. Rethink Capital Partners, Inc., Judge Jamieson rejected the Andersen valuation because it had not been obtained through the procedure specified in the operating agreement.

“the Andersen valuation cannot be used to value plaintiff's interests ... because the Andersen valuation simply cannot be the operative valuation, as it was not obtained in accordance with Section 10.6(c) of the Operating Agreement.”

In Kaila Construction Corp. v. Hudson Meridian Construction Group, LLC, she held that the lots' misidentification in the liens could be corrected under the Lien Law's liberal-construction rule.

“affording the Lien Law its appropriately liberal construction to protect the beneficial interests of lienors, the misidentification of the lots in the various liens is correctable.”

Procedural preferences

In Camsan, Inc. v. OPRA III LLC, she excused OPRA's late answer to cross-claims after considering the case's conference history, OPRA's intent to continue litigating, and the policy favoring decisions on the merits.

“given the history of these matters; the number of conferences the Court has held with the parties ... OPRA's obvious intent not to abandon the litigation; and the 'strong public policy in favor of resolving cases on the merits,' OPRA's default in failing to answer J. Suss' cross-claims should be excused.”

In Hernandez-Muniz v. Sarah Lawrence College, Judge Jamieson allowed a late amendment to a bill of particulars because the opposing party had notice of the theory and did not show significant prejudice.

“Mere lateness is not a barrier to the amendment. It must be lateness coupled with significant prejudice to the other side, the very elements of the laches doctrine.”

In U.S. Bank N.A. v. O’Leary, Judge Jamieson denied the defendant’s motions to reopen a foreclosure action after finding no factual support for her settlement objections and no legal basis to reopen the disposed case.

“there is no legal basis for the Court to reopen this long-disposed foreclosure action.”

Reviewing courts have affirmed her application of strict timeliness rules to post-judgment renewal motions, holding a change-in-law argument does not excuse a renewal motion brought years after a final foreclosure judgment and the expired appeal window.

“The defendant failed to timely appeal from the order and judgment of foreclosure and sale and did not move for leave to renew until almost three years later.”

Cautions

In Martin v. City of Yonkers, Judge Jamieson found plaintiff's counsel's refusal to dismiss an uninvolved defendant harassing and sanctionable, although she did not impose sanctions in that order.

“The Court determines that plaintiff's counsel's refusal to dismiss White Castle from the action was undertaken primarily to harass or maliciously injure White Castle. ... This was unjustifiable, harassing, malicious and sanctionable.”

In U.S. Bank N.A. v. O’Leary, Judge Jamieson found that defendant Carol O’Leary offered no factual support for her claims that she had been defrauded or coerced into settling the foreclosure action.

“The problems with Ms. O'Leary's assertions are that, among other things, she has no factual support for her assertions.”

A reviewing appellate panel has affirmed her grant of summary judgment dismissing a premises-liability claim on trivial-defect grounds where the moving party's photographic and deposition proof went unrebutted.

“the evidence submitted by the defendants ... was sufficient to establish, prima facie, that the height differential of the walkway flag was physically insignificant.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Marchetti v Marchetti
Index No. 55361/2024 · 2025-01-29
Motions to dismiss (defendant) Denied

“the Court agrees with plaintiffs that complete relief can be afforded among the parties herein without joining Ivana”

Motions to dismiss (defendant) Granted in part

“defendants' motion to dismiss the Amended Complaint pursuant to CPLR SS 3211(a)(1), (7) and/or (10) is granted to the extent that the sixth cause of action is dismissed pursuant to CPLR S 3211(a)(7), and the motion is otherwise denied.”

Matter of Bain v Strulovitch
Index No. 75548/2024 · 2025-06-06
Motions to dismiss (defendant) Denied

“the Court denies the motions to dismiss in their entirety.”

Motions to dismiss (defendant) Denied
Carlebach v Sojourn Records, Inc.
Index No. 69946/2024 · 2025-04-17
Motions to dismiss (plaintiff) Denied

“plaintiff's motion to dismiss the Counterclaims pursuant to CPLR SS 3211(a)(1) and (7) is denied in its entirety.”

Fedex Corporate Servs., Inc. v Oceanbox Wholesale LLC
Index No. 57526/2023 · 2025-09-09
Summary judgment (plaintiff) Denied

“Plaintiff filed the summons and complaint back in 2023. It is thus too late for it to serve the correct defendant in this matter. CPLR S 306-b. Accordingly, the action is dismissed, without prejudice.”

Segal v Rethink Capital Partners, Inc.
Index No. 74512/2024 · 2025-04-10
Motions to dismiss (defendant) Granted

“this action must be dismissed, as it is based on a valuation that was not procedurally proper. This dismissal is without prejudice, so that plaintiff may assert his claims again, if he wishes, once a procedurally proper valuation is obtained.”

Buy New England Lobsters LLC v Crazy Lobster & Shellfish Co. Inc.
Index No. 56061/2022 · 2025-07-14
Motions to dismiss (defendant) Denied

“The Court thus denies the motion to dismiss for abandonment.”

Motion to vacate default (defendant) Granted in part

“the Court grants the motion to the extent that it vacates the Judgment. ... The Court also grants defendant 10 business days ... for defendant to file its answer and counterclaims.”

Z & M Assoc. Inc. v North & Main Realty Co.
Index No. 57592/2025 · 2025-10-24
Reargument renewal (plaintiff) Denied

“Accordingly, the motion is denied in its entirety.”

U.S. Bank Trust N.A. v Smith
Index No. 69743/2019 · 2024-12-16
Motion to vacate default (defendant) Denied

“Accordingly, the Court denies the motion in its entirety.”

U.S. Bank N.A. v O'Leary
Index No. 50414/16 · 2025-04-17
Motion to vacate default (defendant) Denied

“there is no legal basis for the Court to reopen this long-disposed foreclosure action. Accordingly, the Court denies each and every element of all of the motions filed by Ms. O'Leary.”

Motion for recusal (defendant) Denied

“the Court denies each and every element of all of the motions filed by Ms. O'Leary.”

Sanctions motion (plaintiff) Denied

“the Court declines to award any sanctions against Ms. O'Leary. While she has not prevailed, the Court does not believe that she filed any of these motions maliciously.”

Kaila Constr. Corp. v Hudson Meridian Constr. Group, LLC
Index No. 66378/2021 · 2025-03-10
Motion to discharge lien (defendant) Denied

“the Court (1) denies OPRA's motions in their entirety (except as set forth below)”

Motion to discharge lien (defendant) Granted

“With respect to the three parties that have defaulted, Bath, Countrywide and Norberto, OPRA's motions are granted. These parties have not appeared, so there is no reason to allow them to maintain (or revise) their liens.”

Motion to amend lien (defendant) Granted

“allows all lienholders to amend their liens to reflect the appropriate units, and deems any answers, complaints or other claims relying on such liens to be so amended”

Camsan, Inc. v OPRA III LLC
N/A (companion action in the same consolidated Rye mechanic's-lien litigation as Kaila Constr. Corp. v Hudson Meridian Constr. Group, LLC) · 2025-04-15
Default judgment (plaintiff) Denied

“J. Suss' motion is denied in its entirety, and OPRA's motion is granted to the extent that the Court grants OPRA permission to file a late answer.”

Motion for extension of time to answer (defendant) Granted

“OPRA's motion is granted to the extent that the Court grants OPRA permission to file a late answer.”

Motions to dismiss (defendant) Denied

“the Court denies this motion.”

Digital Media Sys., Inc. v Center Stage Cinema LLC
Index No. 62005/2025 · 2025-09-09
Motions to dismiss (defendant) Granted in part

“the Court declines to dismiss the breach of contract cause of action at this preliminary stage of the action.”

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