| Trump CPS LLC v Gotbetter |
| Motion No: M-5137 |
| Slip Opinion No: 2007 NYSlipOp 87514(U) |
| Decided on December 27, 2007 |
| Appellate Division, First Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
December 27, 2007
Trump CPS LLC v Gotbetter
Reargument denied, with $100 costs (M-5137). Cross motion (M-5310) granted only to the extent that pursuant to 22 NYCRR part 130, sanctions are imposed on respondent-tenant-appellant and his attorney each in the amount of $2,500 to be deposited with the Lawyers' Fund for Client Protection (22 NYCRR 130-1.3), with $100 costs. The Clerk of Supreme Court, New York County, is directed to enter judgment accordingly. The cross-motion otherwise denied. The motion (M-5137) seeking reargument based upon a typographical error transposing the parties on the original order was itself frivolous. The typographical error was rectified in a Corrected Order issued October 2, 2007 [M-3877]. The respondent-tenant-appellant and his counsel failed to withdraw the motion (M-5137), thus provoking the cross-motion (M-5310), and then filed a reply reiterating the frivolous arguments made on the motion. We find this conduct to have been frivolous and "undertaken primarily to delay or prolong the resolution the litigation" (Rules of the Chief Administrator 130-1.1[c][2]). There was simply no basis for the motion filed and respondent, who is himself an attorney, as well as his counsel should not be permitted to engage in this conduct without repercussions. Accordingly, we award petitioner-landlord-respondent statutory costs on both the motion (M-5137) and the cross-motion (M-5310), and also impose a sanction of $2,500 each on respondent-tenant-appellant and his attorney (See 22 NYCRR 130-1.1[a]; 22 NYCRR 130-1.2).
Before: Saxe, J.P., Marlow, Sweeny, McGuire, Kavanagh, JJ.
Motion Nos. M-5137, M-5310