Opinion
2001-01823
Argued March 7, 2002.
April 15, 2002.
In an action, inter alia, to recover damages for breach of contract, the defendant appeals from so much of an order of the Supreme Court, Nassau County (Mahon, J.), dated January 25, 2001, as denied his motion, inter alia, to impose a sanction upon the plaintiff and her attorney pursuant to 22 NYCRR 130-1.
Esanu Katsky Korins Siger, LLP, New York, N.Y. (David L. Katsky and Rena M. Lindevaldsen of counsel), for appellant.
Stephen Gassman, P.C., Garden City, N.Y. (Charlotte Betts of counsel), for plaintiff-respondent and nonparty-respondent Stephen Gassman.
Before: MYRIAM J. ALTMAN, J.P., ANITA R. FLORIO, HOWARD MILLER, BARRY A. COZIER, JJ.
ORDERED that the order is affirmed insofar as appealed from, with costs.
The Supreme Court providently exercised its discretion in denying the defendant's motion, inter alia, to impose a sanction, as the conduct at issue was not frivolous conduct proscribed by 22 NYCRR 130-1.1 (see Matter of Gavilanes v. Dilan, 281 A.D.2d 546; Gorenstein v. Debralaurie Realty Co., 280 A.D.2d 642; Matter of Christopher, 280 A.D.2d 546).
ALTMAN, J.P., FLORIO, H. MILLER and COZIER, JJ., concur.