Nicole A. McGregor-Mundy
How Judge McGregor-Mundy rules, drawn from 9 signed orders. Every observation links to the order it came from.
About Judge McGregor-Mundy
Nicole A. McGregor-Mundy was confirmed as a judge of the New York State Court of Claims in June 2023. She serves as an acting justice of the Supreme Court in Queens County and presides over Commercial Division Part D. She earned a bachelor's degree from Howard University and a law degree from St. John's University School of Law.
Judge McGregor-Mundy's practices and standing orders
Rules for cases before Judge McGregor-Mundy, 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
Filing
Do not mail or email courtesy copies of e-filed papers to chambers, except qualifying so-order stipulations.
“DO NOT MAIL OR EMAIL ANY COURTESY COPY OF E-FILED PAPERS TO CHAMBERS, with the following exceptions: stipulations which require, or where the parties have requested, Acting Justice McGregor Mundy to ‘So Order’”
Motions
Email a motion submission form at least two business days before the scheduled motion date.
“The movant and/or cross-movant are required to submit a Motion Submission Form by email to [email protected] or [email protected] NO LATER than two (2) BUSINESS days prior to the calendared date and time of a motion.”
Motions
Commercial Division Part D motions generally need no advance permission or Rule 24 letter, except discovery motions.
“Except for discovery motions, no prior permission is required before making a motion in Commercial Division Part D. A Commercial Division Rule 24 letter is not required unless expressly requested.”
How Judge McGregor-Mundy decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Miranda v. A.A.T.Z. Contracting Inc., McGregor-Mundy denied summary judgment because conflicting testimony and affidavits raised a factual dispute whose credibility she could not resolve on the motion.
“Conflicting testimonies and affidavits are sufficient to raise a triable issue of fact ... It is well settled that questions of credibility on a motion for summary judgment should not be determined by the Court.”
In Vargas v. NY Trucking Co, Inc., Judge McGregor-Mundy denied a serious-injury summary-judgment motion after the plaintiff's medical evidence raised a factual dispute and addressed the defense expert's degenerative-condition theory.
“the plaintiff raised a triable issue of fact that she sustained a 'serious injury' within the meaning of Insurance Law Section 5102 (d) ... Dr. Gerling addressed defendant's expert's findings of degenerative condition by stating in his affirmation that the plaintiff's injuries were causally related to the subject accident.”
In Zupko Painting Inc. v. United First Ins. Co., McGregor-Mundy found the plaintiff's repeated discovery failures willful but chose a conditional dismissal because the period of noncompliance was not extensive.
“Repeated failure to proceed with a deposition or respond to discovery demands, in violation of orders, without any explanation supports a finding willful and contumacious behavior ... given that the period of plaintiff's noncompliance with discovery orders was not extensive ... a conditional order of dismissal is appropriate.”
Procedural preferences
In Pan v. Lo, she declined to award attorneys' fees on the application after applying the rule that a prevailing party needs a contractual, statutory, or court-rule basis to recover them.
“as a general rule, attorneys' fees are incidents of litigation and the prevailing party may not collect them from the losing party unless an award is authorized by agreement between the parties or by statute or court rule ... the Court, in the exercise of its discretion, declines to award attorney's fees on this application.”
In Timmerman v. Gentile, she granted leave to add a breach-of-contract claim but denied leave to add the three other proposed causes of action.
“the branch of plaintiffs' motion to amend the Complaint to add a breach of contract cause of action is granted, but the remaining branches of the motion are denied ... leave is denied with respect to adding the proposed second, third and fourth causes of action.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Since plaintiff supports its conclusory claims of financial hardship from discovery with only an attorney affirmation ... and fails to demonstrate the other factors required for issuance of a protective order ... granting such an order is unwarranted and this branch of plaintiff's motion is denied.”
“Utica's motion to strike plaintiff's complaint for its willful failure to provide discovery (seq. 4) is granted and the action is dismissed unless, within 30 days from service of copy of this Order with notice of entry upon plaintiff, plaintiff responds to Utica's notices of discovery and inspection, and interrogatories ... and produces a person with knowledge ... for deposition.”
“regarding plaintiff's summary judgment motion, considering that court-ordered discovery remains outstanding, the motion is denied as premature (see CPLR Section 3212 [f]) ... denied without prejudice and with leave to renew if the complaint has not been dismissed, upon completion of discovery.”
“the branch of defendant's motion, (Seq 3), seeking to amend the caption to identify the defendant 'ABC Corporation' as '49th St Lot LLC, TLC Group LLC, Bowery Bay Assoc LLC, and Astor Mgmt LLC' (collectively 'Owner Entities'), is granted.”
“the motion by the plaintiff for summary judgment on its claims for encroachment and trespass are granted as to the 2021 fencing erected or installed by the defendant that is located on plaintiff's side of the corrugated fence line.”
“That branch of the plaintiff's motion seeking summary judgment on its claim for nuisance is denied, as insufficient evidence was submitted to meet its prima facie burden.”
“The defendant's motion for summary judgment is denied to the extent that issues of material fact remain unresolved, such as, among other things, whether the corrugated fence line diverged to defendant's benefit from the survey lines, and if so, whether the corrugated fence was 'hostile' or 'permissive'. The defendant's claim for adverse possession involving the buffer fence line is denied ... The defendant's claim that the 2021 fence establishes adverse possession is denied as it failed to meet the statutory requirement that it be continuous for a ten year period, and under a claim of right.”
“the branch of plaintiffs' motion to amend the Complaint to add a breach of contract cause of action is granted, but the remaining branches of the motion are denied. Leave is granted to add the proposed first cause of action ... but leave is denied with respect to adding the proposed second, third and fourth causes of action.”
“The branch of Pan's cross-motion for an order compelling defendants to discontinue the holdover proceeding is denied. ... The remaining branch of Pan's cross-motion to compel defendants to resolve the penalty issued against the property and to refund the remaining $22,000 plus interest is also denied.”
“the Lo defendants failed to produce competent evidence indicating that Pan continued to occupy the co-op in violation of paragraph five of the stipulation. Moreover, in light of defendants seeking damages for four years of use and occupancy ... the Lo defendants also failed to demonstrate reasonable efforts to mitigate their damages. ... defendants have not demonstrated on the record before the court entitlement to an award of damages for breach of contract and use and occupancy of the co-op.”
“The Lo defendants fail to demonstrate their entitlement to attorney's fees and the Court, in the exercise of its discretion, declines to award attorney's fees on this application.”
“In light of the conflicting testimonies and affidavits submitted in support and opposition to the motion, plaintiff's motion for summary judgment on the issue of liability pursuant to Labor Law Section 240(1) is denied.”
“the defendants' motion for summary judgment dismissing the complaint on the ground that plaintiff did not sustain a 'serious injury' as defined in Insurance Law Section 5102(d) is denied.”
“The order, insofar as appealed from, denied, as premature, those branches of the defendants' motion which were for summary judgment dismissing the complaint, for summary judgment on their counterclaim for a judgment declaring that the plaintiff does not have a life estate in the subject property, and, in effect, for summary judgment declaring that the plaintiff is not the owner of the subject property by adverse possession.”
“The order, insofar as appealed from, granted that branch of the motion of the defendants Vornado Realty Trust and Green Acres Mall, LLC, which was to vacate so much of an amended order of the same court (Salvatore J. Modica, J.) entered May 1, 2017, as granted that branch of the motion of the plaintiff Paulette Brown-Wilks which was ... to enforce certain settlement agreements to the extent of awarding damages in favor of the plaintiff Paulette Brown-Wilks and against those defendants.”
“The order, insofar as cross-appealed from, denied the motion of the defendant Johnson Controls, Inc., to dismiss the complaint insofar as asserted against it. ... ORDERED that the order is affirmed insofar as appealed from by the plaintiff Paulette Brown-Wilks and insofar as cross-appealed from.”
“The temporary restraining order of December 5, 2024 shall remain in effect pending the hearing and determination of this order to show cause.”
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