Opinion
December 3, 1998
Appeal from the Supreme Court, New York County (Diane Lebedeff, J.).
The IAS Court did not improvidently exercise its discretion by denying defendants' request for sanctions and attorneys' fees, since there was a basis in the record for the plaintiff's initial motion seeking disqualification of defendants' counsel, and since the record did not indicate that plaintiff's counsel knew or should have known that the allegations underlying his disqualification motion were false (see, Golden v. Barker, 223 A.D.2d 769, 770). Accordingly, the court also properly declined defendants' request to remove plaintiff's counsel from the case.
Concur — Rosenberger, J. P., Wallach, Rubin and Saxe, JJ.