Opinion
Submitted October 28, 1991
Decided November 21, 1991
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Beverly Cohen, J.
John L. Edmonds for appellants.
Howard Wenig and Magda L. Cruz for Lawrence Chusid and others, respondents.
Frederick Siegmund for estate of Sol Chusid, respondent.
Motion for reargument of motion for leave to appeal (dismissed on Sept. 12, 1991 as untimely) denied, with $100 costs and necessary reproduction disbursements. [See, 78 N.Y.2d 1008.] Cross motions by defendants-respondents Chusids and defendant-respondent estate of Sol Chusid for sanctions against the plaintiffs-appellants and their attorney granted, sanctions in the amount of $5,000 imposed upon plaintiffs and sanctions in the amount of $5,000 imposed upon plaintiffs' attorney, John L. Edmonds. The nature and repetition of plaintiffs' litigation tactics over a five-year period resulting in four separate adjudications in the Court of Appeals constitute a strategy of dilatory, harassive, abusive and frivolous conduct within the meaning of 22 N.Y.CRR 130-1.1 (a) and (c). We note also that despite the imposition of sanctions on plaintiffs by Supreme Court, plaintiffs remain undeterred. Thus, based on the record before us and the matters properly presented to the Court by respondents Chusids and respondent estate of Sol Chusid, the abuse of the judicial process supports the imposition of sanctions (see, Maroulis v 64th Street-Third Ave. Assocs., 77 N.Y.2d 831; Bell v New York Higher Educ. Assistance Corp., 76 N.Y.2d 930).