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BRIARPATCH LIMITED, L.P. v. BRIARPATCH FILM CORP.

1641N, 603364/01

68 A.D.3d 520 (2009)

2009 NY Slip Op 9272

891 N.Y.S.2d 352

BRIARPATCH LIMITED, L.P., et al. Appellants-Respondents, v. BRIARPATCH FILM CORP., et al., Defendants, and VERNER SIMON P.C. et al., Respondents-Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 15, 2009.

The Rules of the Commercial Division of the Supreme Court (22 NYCRR 202.70 [g]) rule 24 provide for a premotion conference to be held in nondiscovery disputes. The motion court's part rule states that "[d]iscovery disputes should first be addressed through a court conference prior to the filing of a motion." Both rules further provide that a party's failure to comply may result in the motion being held in abeyance until the court has the opportunity to conference the matter...

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