Matter of Rachel's Trousseau

Appellate Division of the Supreme Court of New York, First DepartmentApr 21, 1998
671 N.Y.S.2d 244 (N.Y. App. Div. 1998)
671 N.Y.S.2d 244249 A.D.2d 148

April 21, 1998

Appeal from the Supreme Court, New York County (Karla Moskowitz, J.).


Sanctions were properly imposed in an appropriate amount for frivolous persistence in advancing a completely meritless argument, without regard for proper procedure ( 22 NYCRR 130-1.1 [c]). Petitioner's attorney was present at oral argument and had an opportunity to argue in opposition to the cross motion for sanctions ( see, Dubai Bank v. Ayyub, 187 A.D.2d 373). The transcript sets forth the objectionable conduct, the reason it was found to be frivolous and an explanation for the sanctions imposed ( see, Jackson v. New York City Tr. Auth., 227 A.D.2d 181).

Concur — Ellerin, J.P., Wallach, Tom and Andrias, JJ.