Sutherland v. City of New York

Full title: MAUDE SUTHERLAND, an Infant, by Her Mother and Natural Guardian, HESTER…

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

Date published: Dec 23, 1997

245 A.D.2d 210 (N.Y. App. Div. 1997)

666 N.Y.S.2d 615

Opinion

December 23, 1997

Appeal from Supreme Court, New York County (Karla Moskowitz, J.).

Appellant, despite repeated warnings by the court against persisting in his attempt to vacate or modify an infant compromise order made 10 years earlier to which he was neither a party nor the attorney of record, nevertheless did so with motions that were completely without merit and had not even been served upon the infant plaintiff, her guardian mother, also a plaintiff, or their attorney of record, thereby causing substantial and unnecessary expense and work that amply justified the sanctions and injunction imposed.

Concur — Ellerin, J. P., Nardelli, Williams, Andrias and Colabella, JJ.