Opinion
December 20, 1993
Appeal from the Supreme Court, Westchester County (Delaney, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
Contrary to the plaintiffs' contention, we find no improvident exercise of discretion in the court's refusal to impose sanctions pursuant to 22 N.Y.CRR part 130. Moreover, we agree with the court's determination that triable issues of fact exist with respect to the third counterclaim sounding in legal malpractice (see, PJI 2:152). Sullivan, J.P., O'Brien, Ritter and Joy, JJ., concur.