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Wasson v. Mendik

Appellate Division of the Supreme Court of New York, First Department
Sep 29, 1998
253 A.D.2d 711 (N.Y. App. Div. 1998)

Summary

finding that sanctions were properly imposed upon plaintiff's attorneys for frivolously proceeding to jury selection while intending not to proceed to trial, causing the unnecessary expense to be incurred by defense counsel and the waste of valuable court time and resources

Summary of this case from Wie v. Wie

Opinion

September 29, 1998

Appeal from the Supreme Court, New York County (Walter Tolub, J.).


Sanctions were properly imposed upon plaintiff's attorneys for frivolously proceeding to jury selection while intending not to proceed to trial ( 22 NYCRR 130-1.1 [c] [2]). The court's decisions adequately set forth its reasons for purposes of 22 NYCRR 130-1.2 ( see, Rachel's Trousseau v. Warshaw Woollen Assocs., 249 A.D.2d 148), namely, the incurring of unnecessary expense by defense counsel and the waste of valuable court time and resources However, the order contravenes that provision by imposing a total sanction of more than $10,000, and we modify accordingly.

Concur — Milonas, J. P., Rosenberger, Ellerin, Wallach and Williams, JJ.


Summaries of

Wasson v. Mendik

Appellate Division of the Supreme Court of New York, First Department
Sep 29, 1998
253 A.D.2d 711 (N.Y. App. Div. 1998)

finding that sanctions were properly imposed upon plaintiff's attorneys for frivolously proceeding to jury selection while intending not to proceed to trial, causing the unnecessary expense to be incurred by defense counsel and the waste of valuable court time and resources

Summary of this case from Wie v. Wie

In Wasson, which was decided in 1998, the appropriate sanction fixed by the First Department was $2,000.00 per defense attorney.

Summary of this case from Wie v. Wie

In Wasson v. Mendik (253 AD2d 711 [1st Dept 1998]), a sanction of $10,000 was imposed for proceeding to jury selection while intending not to proceed to trial.

Summary of this case from Dwaileebe v. Six Flags Darien
Case details for

Wasson v. Mendik

Case Details

Full title:SUSANNE WASSON, Appellant, v. BERNARD H. MENDIK, Individually and as…

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

Date published: Sep 29, 1998

Citations

253 A.D.2d 711 (N.Y. App. Div. 1998)
678 N.Y.S.2d 15

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