Peck v. Voss

Full title: DARLENE PECK, PLAINTIFF, v. WILLIAM VOSS, ET AL., DEFENDANTS, AND…

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

Date published: Oct 1, 1999

265 A.D.2d 890 (N.Y. App. Div. 1999)

696 N.Y.S.2d 730

Opinion

October 1, 1999

Appeal from Judgment of Supreme Court, Ontario County, Harvey, J. — Sanctions.

Judgment unanimously affirmed without costs.

Memorandum:

We affirm for reasons stated in the decision at Supreme Court (Harvey, J.). We add only that plaintiff's cross motion seeking sanctions against counsel for defendant Katherine Gayhart was properly denied. Plaintiff provided no evidence that defendant's counsel engaged in frivolous conduct (see, 22 NYCRR 130-1.1 [c] [2]; Pipas v. Syracuse Home Assn., 226 A.D.2d 1097, lv denied 88 N.Y.2d 810).

PRESENT: PINE, J. P., LAWTON, WISNER, HURLBUTT AND BALIO, JJ.