Opinion
March 3, 1998
Appeal from the Supreme Court, New York County (Lorraine Miller, J.).
We find that the motion court properly exercised its discretion in awarding $500 sanction against defendants' counsel under the circumstances ( see, 22 NYCRR 130-1.1 et seq.). The imposition of costs and attorneys' fees of $500 payable to plaintiff's attorneys was a condition to the vacatur of defendant's default and was clearly warranted ( see, Gordineer v. Galagher, 160 A.D.2d 672; CPLR 2005, 3012 N.Y.C.P.L.R. [d]; 5015 [a]).
Concur — Sullivan, J. P., Rosenberger, Ellerin and Tom, JJ.