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Tag 380, LLC v. Ronson

Appellate Division of the Supreme Court of New York, First Department
May 6, 2008
51 A.D.3d 471 (N.Y. App. Div. 2008)

Opinion

May 6, 2008.

Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered November 30, 2007, which, insofar as appealed from as limited by the briefs, denied plaintiffs cross motion for sanctions brought pursuant to 22 NYCRR 130-1.1, unanimously affirmed, without costs.

Before: Tom, J.P., Andrias, Nardelli and Williams, JJ.


The court appropriately exercised its discretion in denying the cross motion for sanctions, since the motion for substitution, necessitated by the March 2007 death of defendant Ronson, was neither without merit nor brought in an effort to delay or frustrate the proceedings. That the court denied the motion and requested additional information from Ronson's counsel as to the propriety of the motion does not render counsel's conduct sanctionable ( see Parks v Leahey Johnson, 81 NY2d 161, 165).


Summaries of

Tag 380, LLC v. Ronson

Appellate Division of the Supreme Court of New York, First Department
May 6, 2008
51 A.D.3d 471 (N.Y. App. Div. 2008)
Case details for

Tag 380, LLC v. Ronson

Case Details

Full title:TAG 380, LLC, Appellant, v. HOWARD P. RONSON, Respondent, et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 6, 2008

Citations

51 A.D.3d 471 (N.Y. App. Div. 2008)
856 N.Y.S.2d 623

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