Opinion
13559N Index No. 451878/16 Case No. 2020-00118
04-13-2021
Isaac HERSHKO et al., Plaintiffs–Respondents, v. TROUTMAN SANDERS, LLP, et al., Defendants, The Berkman Office, LLC, et al., Nonparty-Appellants.
Skarzynski Marick & Black LLP, New York ( Evan Shapiro of counsel), for appellants.
Skarzynski Marick & Black LLP, New York ( Evan Shapiro of counsel), for appellants.
Kapnick, J.P., Kern, Singh, Scarpulla, JJ.
Order, Supreme Court, New York County (Robert D. Kalish, J.), entered December 4, 2019, which denied nonparty appellants' motion for sanctions against plaintiffs, unanimously affirmed, with costs.
Appellants ceased to be parties to this action on June 25, 2018, when judgment was entered dismissing the complaint as against them. Thus, when they moved for sanctions on September 11, 2019, the court was not authorized to award sanctions to them ( 22 NYCRR 130–1.1 [a]["The court, in its discretion, may award (costs) to any party or attorney in any civil action or proceeding before the court"]). Were we to address the merits, we would find that sanctions are not warranted.