A non-party purchaser of a matrimonial home brought a motion to set aside a previous order and sought costs against the husband and his former counsel, alleging sharp practice for proceeding with a motion while the purchaser was out of the country.
The former counsel brought a cross-motion to dismiss the costs claim.
The court dismissed the non-party's motion to set aside the order due to his failure to file a factum and answer key questions.
The court also dismissed the costs claim against the former counsel, finding no improper conduct.
Costs of $3,500 were awarded to the former counsel against the non-party, but the court declined to order costs against the non-party's counsel personally under Rule 57.07.