Justice Andrea Masley

How she questions

Measured from 194 of her hearings, February 2020 to July 2023. Each figure below is counted from the transcripts, and each quotation is her own words from the record.

1. A short runway

The lawyer who opens gets a median of about 60 words before her first substantive question; the responding side gets about 90. In a typical hearing she cuts counsel off about 10 times—19% of counsel’s turns end in an interruption.

2. One question, then she moves

Her questions are short—a median of 14 words a turn—and she rarely stays on one lawyer: 57% of her exchanges are a single question before the floor moves, and only 8% run to five or more.

3. Issue by issue

She tends to take the two sides issue by issue rather than hearing each side out in a block—54% of measured hearings, with the floor typically changing sides six times. Be ready to answer on any issue at any point, not only in your own turn.

4. She has read the papers

Counsel who repeat the brief hear about it: “I heard you, and I have read your papers, so I heard you the first time.” She speaks about a third of the words in a typical hearing; the rest of the time is yours to answer what she asked.

5. Her Part rules

She expects counsel to know and follow the Part 48 rules, down to how documents are cited: “[I]f you could read my rules and follow my rules, I hate exhibit numbers and letters. Use NYSCEF.”

What the record covers

• Issues most often in play: breach of contract (91 hearings), contract interpretation (63), summary judgment (57), real estate leases (46), fiduciary duty (43). A hearing can raise more than one.
• How hearings close: most end on next steps—transcript, letters, schedule (63%). She offers counsel a last word in 13%, so make the point the first time.