Opinion
No. 570581/13.
2014-02-7
Benjamin CUNNINGHAM, Reena Cunningham, and Mahima Cunningham, Plaintiffs–Appellants, v. CITY OF NEW YORK, Attn Corporation Counsel John Doe; P.O. Frank Lucia, P.O. Richard Baboolal, Defendants–Respondents.
Plaintiffs' 17th pretrial application, a renewed motion for Rule 130 sanctions, was properly denied. Any isolated misstatement contained in a prior affirmation filed by defense counsel appears inadvertent, and does not rise to the level of frivolous conduct as defined in 22 NYCRR 130–1.1(c). We reach no other issue.