Kopach v. Olympia York

Full title: JOHN T. KOPACH et al., Appellants, v. OLYMPIA YORK et al., Respondents

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

Date published: May 23, 1995

215 A.D.2d 304 (N.Y. App. Div. 1995)

627 N.Y.S.2d 12

Opinion

May 23, 1995

Appeal from the Supreme Court, New York County (William Keniry, J.).

The IAS Court erred in awarding sanctions against plaintiff's counsel pursuant to CPLR 8303-a for commencing "frivolous" litigation, since, prior to trial, the court had denied Nielsen's summary judgment motion on grounds that there were genuine issues of material fact as to this defendant's negligence requiring resolution at trial (see, Rittenhouse v St. Regis Hotel Joint Venture, 180 A.D.2d 523; see also, Hinckley v Resciniti, 159 A.D.2d 276).

Concur — Sullivan, J.P., Rosenberger, Wallach, Asch and Williams, JJ.