Opinion
November 1, 1994
Appeal from the Supreme Court, New York County (William J. Davis, J.).
While a court may, in its discretion, award costs in the form of reimbursement for actual expenses reasonably incurred and reasonable attorney's fees resulting from frivolous conduct as defined in 22 NYCRR 130-1.1 (c) to any party or attorney in a civil action and, in addition or in lieu of awarding costs, may impose financial sanctions upon any party or attorney who engages in such frivolous conduct ( 22 NYCRR 130-1.1 [a]), the IAS Court should not have imposed such sanctions against appellant without affording him proper notice and "a reasonable opportunity to be heard" ( 22 NYCRR 130-1.1 [d]). Defendant's order to show cause concededly sought costs and sanctions solely against plaintiff and not his attorney. Inasmuch as we are remanding the matter for appropriate action, we do not consider appellant Rubin's other points regarding the basis for or the amount of the sanctions. We note, however, that where financial sanctions are imposed against an attorney, payment of such sanctions, as opposed to the imposition of costs, "shall be deposited with the Clients' Security Fund" ( 22 NYCRR 130-1.3).
We have considered the points of plaintiff-appellant and find them to be without merit.
Concur — Carro, J.P., Wallach, Kupferman, Ross and Williams, JJ.