Summary
holding that the motion court's award of costs on the motion was within its discretion under CPLR 8106, which does not require any finding of frivolous conduct
Summary of this case from Landusco v. Open Loop NYCOpinion
January 6, 2000
Order, Supreme Court, New York County (Leland DeGrasse, J.), entered November 2, 1998, which, insofar as appealed from, as limited by appellants' brief, awarded plaintiff costs in the amount of $100 on a discovery motion, unanimously affirmed, with costs.
Roberta E. Tarshis for Defendants-Appellants.
SULLIVAN, J.P., MAZZARELLI, WALLACH, RUBIN, ANDRIAS, JJ.
The motion court's award of costs on the motion was within its discretion under CPLR 8106, which does not require any finding of frivolous conduct (cf., 22 NYCRR, Part 130).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.