Opinion
2011-11-15
Sanford WEISBURST, Plaintiff–Respondent,v.Joanna DREIFUS, Defendant–Appellant.
Chemtob Moss Forman & Talbert, LLP, New York (Susan M. Moss of counsel), for appellant.Greenberg Traurig, LLP, New York (Leslie D. Corwin of counsel), for respondent.
Order, Supreme Court, New York County (Saralee Evans, J.), entered June 3, 2010, which, on plaintiff's motion, directed defendant, pursuant to 22 NYCRR 130–1.1, to pay plaintiff $35,500 in counsel fees, unanimously affirmed, without costs, and the matter remanded for entry of the award of costs as a judgment, pursuant to 22 NYCRR 130–1.2.
The court did not abuse its discretion in finding that defendant's underlying motion for an emergency stay contained “false *690 charges [against plaintiff] that were expressed by means of a tortured and very partial rendering of the facts that can only have been deliberately crafted to mislead” and was therefore frivolous within the meaning of 22 NYCRR 130–1.1 ( see e.g. Rogovin v. Rogovin, 27 A.D.3d 233, 812 N.Y.S.2d 41 [2006] ).
MAZZARELLI, J.P., CATTERSON, MOSKOWITZ, RENWICK, ABDUS–SALAAM, JJ., concur.