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Foxfire Enterprises, Inc. v. Enter. Holding

Appellate Division of the Supreme Court of New York, Second Department
May 23, 1988
140 A.D.2d 581 (N.Y. App. Div. 1988)

Opinion

May 23, 1988

Appeal from the Supreme Court, Kings County (Held, J.).


Ordered that the order is reversed, on the law, without costs or disbursements, and the award of sanctions is stricken.

The court lacked inherent power to impose monetary sanctions for frivolous motion practice. As there is no statutory provision or court rule permitting the imposition of sanctions, the order herein must be reversed as a matter of law notwithstanding the fact that duplicative motions were made by the plaintiff (see, Matter of A.G. Ship Maintenance Corp. v Lezak, 69 N.Y.2d 1; Ltown Ltd. Partnership v Sire Plan, 69 N.Y.2d 670; Guma v Guma, 132 A.D.2d 645; Claybourne v City of New York, 128 A.D.2d 667). Lawrence, J.P., Kunzeman, Eiber and Balletta, JJ., concur.


Summaries of

Foxfire Enterprises, Inc. v. Enter. Holding

Appellate Division of the Supreme Court of New York, Second Department
May 23, 1988
140 A.D.2d 581 (N.Y. App. Div. 1988)
Case details for

Foxfire Enterprises, Inc. v. Enter. Holding

Case Details

Full title:FOXFIRE ENTERPRISES, INC., Appellant, v. ENTERPRISE HOLDING CORP. et al.…

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

Date published: May 23, 1988

Citations

140 A.D.2d 581 (N.Y. App. Div. 1988)

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