Summary
applying privilege to documents relating to Department of City Planning's rezoning decision
Summary of this case from In re World Trade Center Disaster Site LitigationOpinion
January 15, 1991
Appeal from the Supreme Court, New York County (Charles Ramos, J.).
The IAS court properly denied plaintiffs' motion for vacatur of default as movants failed to establish a reasonable excuse for the default. Moreover, the imposition of sanctions, in the sum of $4,000, to be paid by plaintiffs' counsel was appropriate in light of counsel's repeated pattern of "frivolous" conduct as defined by Rules of Chief Administrator of Courts (22 N.Y.CRR) § 130-1.1 (c) (2). Plaintiffs' counsel, on several occasions, served motion papers on defense counsel, prompting such counsel to file opposition papers only to learn that no papers had ever been filed with the court. At the time that defendants sought imposition of sanctions and costs on November 8, 1989, 22 N.Y.CRR part 130-a authorized the imposition of such award which did not exceed $10,000. (See, 22 NYCRR 130-1.2; Matter of Troni [Volney Residence], 147 A.D.2d 394, 395.) The payment of "sanctions" however, should have been deposited with the Clients' Security Fund ( 22 NYCRR 130-1.3; Matter of Schultz v Washington County, 157 A.D.2d 948, 949), rather than defendants-respondents' counsel. Since the facts herein additionally support the imposition of costs on plaintiffs' counsel to be paid to defendants' counsel ( 22 NYCRR 130-1.2), a hearing on the matter should be held.
Concur — Carro, J.P., Ellerin, Ross, Asch and Kassal, JJ.