Costigan & Co. v. Costigan

Order, Supreme Court, New York County (Helen Freedman, J.), entered April 11, 2002, which denied defendants’ motion for a default judgment on their counterclaim, unanimously reversed, on the law and the facts, without costs, defendants’ motion granted and the matter remanded for further proceedings.

Defendants’ motion for a default judgment was improperly denied by the IAS court since it relied on noncompliance with rule 24 (a) of the Rules of the Justices of the Commercial Division. That rule purports to bar a motion unless a prior conference has been held on the issue raised by the motion.…