Opinion
2001-00011
Argued January 9, 2003.
February 18, 2003.
In an action to recover damages for wrongful eviction, the plaintiff appeals from a judgment of the Supreme Court, Queens County (Lonschein, J.), dated August 19, 1999, which, after a hearing, imposed a sanction upon her in the sum of $10,000 for frivolous conduct.
Ackleema Ally, Jamaica, N.Y., appellant pro se.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Larry A. Sonnenshein and Sharyn Rootenberg of counsel), for respondents.
Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, LEO F. McGINITY, SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
Although a jury found that the plaintiff was not wrongfully evicted, and a court previously dismissed two prior actions by the plaintiff seeking damages arising out of the eviction, the plaintiff commenced this action for the same relief. Under the circumstances, the Supreme Court providently exercised its discretion in imposing a sanction upon the plaintiff for engaging in frivolous conduct (see 22 NYCRR 130-1.1[c]; Gache v. Town Village of Harrison, 251 A.D.2d 624; Janitschek v. Trustees of Friends World Coll., 249 A.D.2d 368; Murray v. National Broadcasting Co., 217 A.D.2d 651).
The plaintiff's remaining contentions are not properly before this court on this appeal.
ALTMAN, J.P., SMITH, McGINITY and TOWNES, JJ., concur.