Opinion
5041, 5041A, 5041B, M-1082.
Decided March 31, 2005.
Plaintiff awarded costs for actual expenses reasonably incurred and reasonable attorney's fees resulting from defendant's frivolous conduct in prosecuting the appeal and the matter remanded to Supreme Court, New York County to determine such amount. Additional sanctions of $10,000 imposed on defendant, which amount shall be deposited with the Clerk of the Court for transmittal to the Commissioner of Taxation and Finance, for engaging in such frivolous conduct. In addition, neither the Clerk of Supreme Court, New York County, nor the Clerk of this Court is to accept further filings from defendant without prior leave of their respective courts. Sanctions imposed on Jack S. Dweck in the amount of $2,500, payable to the Lawyers' Fund for Client Protection, for frivolous appellate practice. The Clerk of Supreme Court, New York County, is directed to enter judgment accordingly. Opinion Per Curiam.
The Dweck Law Firm, LLP, New York (Jack S. Dweck of counsel), for appellant.
Bradley B. Davis, Forest Hills, for appellant.
The Law Offices of Stephanie R. Cooper, PC, New York (Stephanie R. Cooper of counsel), for respondent.
Before: Mazzarelli, J.P., Marlow, Ellerin, Nardelli, Catterson, JJ.
All concur.
Order filed.