Summary
finding that sanctions were properly imposed upon plaintiff's attorneys for frivolously proceeding to jury selection while intending not to proceed to trial, causing the unnecessary expense to be incurred by defense counsel and the waste of valuable court time and resources
Summary of this case from Wie v. WieOpinion
September 29, 1998
Appeal from the Supreme Court, New York County (Walter Tolub, J.).
Sanctions were properly imposed upon plaintiff's attorneys for frivolously proceeding to jury selection while intending not to proceed to trial ( 22 NYCRR 130-1.1 [c] [2]). The court's decisions adequately set forth its reasons for purposes of 22 NYCRR 130-1.2 ( see, Rachel's Trousseau v. Warshaw Woollen Assocs., 249 A.D.2d 148), namely, the incurring of unnecessary expense by defense counsel and the waste of valuable court time and resources However, the order contravenes that provision by imposing a total sanction of more than $10,000, and we modify accordingly.
Concur — Milonas, J. P., Rosenberger, Ellerin, Wallach and Williams, JJ.