Briarpatch Limited, L.P. v. Briarpatch Film Corp.

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 “[discovery 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. Neither side requested a premotion conference prior to filing the motion and the cross motion. Based on this procedural…