Pludeman v Northern Leasing Sys., Inc.

Motion No: M-3436

Slip Opinion No: 2008 NYSlipOp 92719(U)

Decided on December 23, 2008

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

December 23, 2008

Pludeman v Northern Leasing Systems, Inc.

Accordingly, I would grant defendants' motion to the extent of directing plaintiffs to pay defendants $1,627.25. That the parties are incurring the costs of litigating this motion is remarkable. But our rule unequivocally requires consultation and plaintiffs should not be left without any remedy for defendants' failure to comply with this requirement. Without any explanation, the majority disregards that failure and divides the cost equally.

Before: Mazzarelli, J.P., Andrias, Buckley, McGuire, JJ.

Motion No. M-3436