KRAMER, HERBERT

Justice, Second Judicial District Supreme Court, Kings County

Appointment/Election: Elected in January 1990.

Admission: Admitted to New York State Bar in 1964.

Education: L.L.B., New York University School of Law, New York, NY (1964).

Biographical Data: Born January 1936.

Noteworthy Decisions: Marin Construction Corp. v. Fidler, 6/96 (Tenants by the entirety/death of husband); St. George Hotel Associates v. New York State Division of Housing & Community Renewal, 2/96 (Rent overcharge/stabilization exemption); Mordechai v. Mill Basin Health & Racquet Club, Inc., 11/95 (Slip and fall/notice of spilled liquid).

Address:         15 Willoughby Street,

                         Room 204

                         360 Adams Street,
                                IAS Civil Term, Part 13

                         Brooklyn, NY 11201

Phone:            (718) 643-2677 (chambers)

                         (718) 643-7192 (court)

Law Clerk: Esther Morgenstern

Attorneys’ Comments

Temperament/Demeanor

Litigators who have experience in Justice Kramer’s part report that there is something disquieting about his demeanor. They say that he can appear “somewhat arrogant,” and “imperious.” He can seem “indifferent” or, as one attorney said, “distant and uncaring, erratic, intolerant and nasty.” “Obnoxious. He can be a bully.” “He’s more on the volatile side,” was the most generous comment on his temperament. “He may explode randomly.” “Short vis-a-vis patience.” “Absolutely unpredictable.” “Impatient.” “He’ll fly off the handle for no reason. He can be calm and mild one minute, and the next he is holding the party in contempt and coming at them from all directions.” The atmosphere in this courtroom was described as “scary. You never know what you’ll get.” Judge Kramer is known to be all business, and there is no socializing. “He maintains a distance between himself and attorneys and doesn’t talk on personal matters. He takes it as an attempt to influence him.” He undoubtedly has command over his courtroom. “A good deal of control.” “Very controlled.” “He’s got everything under control, and he doesn’t like it when attorneys are late or disregard a court order. He’s not shy about imposing sanctions if they are well founded.” “He yelled at us to be there at a certain time and everyone complied.” “He wants things done his way.” “He’s inflexible on issues of courtesy.” As one could probably surmise, “He could be a nightmare for a young attorney.”

On the Bench

Questions about this judge’s legal knowledge, acumen and common sense were addressed with mostly positive comments. “Decent.” “Knows the law very well.” “He always researched the law, and he is always well prepared.” “He’s prepared for hearings. He knows the law.” “In some areas he’s smart; in others, off the wall.” He reputedly adheres strictly to rules and procedures and will punish non-compliance. “If there’s a motion on and you’ve missed a court ordered EBT, you will likely be assessed sanctions.” “He’s the type to assess sanctions on the spur of the moment. You will hear him say, ‘Have you read my rules, counselor?’ With every 8-A, there’s a sheet of rules.” Judge Kramer is considered to gladly hear oral argument on motions, but he will cut someone off when he feels he has heard enough. “He asks questions at oral argument, but he is likely to cut you off and say, ‘Next case.’” He “absolutely” likes to talk law. “He likes to quote cases to you.” He is also reputed to interrupt early and often. “Constant interruption.” “He often interrupted, yet he still seemed fair.”

Lawyers warned their colleagues not to think they could foretell the way Judge Kramer is going to rule, or that because he asked questions during their presentations that he will rule their way. “It appeared he made his decision at oral argument. He asked questions to one attorney and then wrote three pages lambasting him. The attorney was flabbergasted.” “His decisions are straight from the hip. You never know how he is going to come out on an issue.” The question of whether his mind can be changed once he has made a decision was answered by one seasoned veteran with this comment: “You are better off convincing him before he makes up his mind.” Justice Kramer’s decisions were not uniformly praised, and he is said to be “very fast to render decisions,” and “absolutely not afraid of being reversed.” However, according to one interviewee, “His decisions are not always rational.” “His decision was well reasoned, but not with a reason based on the law, rather with his own reason.”

On Trial

The pace of trials in this part was not the subject of anyone’s complaint. “Average.” “Quick.” “Good.” “He runs a tight courtroom.” He does go after hours, “but not often.” Some attorneys noted that Judge Kramer may take over questioning during trial more so than the average judge, but this perception was not universal or overwhelming. “He sometimes takes over questioning.” “He doesn’t intrude to an extent that it’s impermissible or reversible.” “He took over questioning and raised sua sponte objections.” “During trial, he’ll interrupt, ask questions, and make sua sponte objections and sua sponte recommendations to counsel in front of the jury.” “He’ll interfere.” “He loves extended discourse in law during motions, but not during trial sessions.” Two of the interviewed legal practitioners noticed that he was on the telephone during their trials. “He was on the telephone during proceedings and, when an objection was raised, he would have to have the question repeated.” It was also reported that if witnesses have scheduling problems, he will probably accommodate them. But then again, “It’s hard to guess how he’ll be.”

Settlements

Experiences varied, but most respondents stated that Justice Kramer makes at least a fair attempt at settlement. “Fairly good. He has knowledge of the value and will work to settle a case.” “A settler rather than a trier.” “Doesn’t push that hard. He’s not a real settler.” “He gives it a very good try.” “He wanted to effect a certain result, and he made sure that was how it turned out.” “He’s not heavy handed. He wants to settle if it’s fair.”

Adjournments/Continuances

Commentary regarding this aspect of the judge’s philosophy covered a sizeable part of the spectrum. “No,” “mediocre” and “fairly accommodating” were among the conflicting reports given by the litigators who were interviewed.

Proclivities

Experienced lawyers said they have discerned no favoritism and no proclivity in this part. Some complained, though, that he has cultivated quite a poker face. “You never know what side he’s leaning toward.” One attorney commented that Judge Kramer appears “sensitive to religions. I was impressed with his knowledge and handling of issues concerning religion.” One defense attorney said he believed that this judge helps the plaintiff: “He may take over questioning to help plaintiff. His rulings were pro-plaintiff.”

Suggestions/Summary

“Follow the 8A order or get a stip with your adversary not signed by the judge.” “Be prepared. Know your facts and the law. He’s very good on the law.” “Make a good first impression because it will stick. If you didn’t have a good argument, you’re going to have a tough time.” “Be prepared for anything.” “Be a plaintiff.”