Wadsworth Ave. Assoc. v Paul, Hastings, Janofsky & Walker, LLP

Motion No: M-4889

Slip Opinion No: 2007 NYSlipOp 87527(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

Wadsworth Avenue Associates v Paul, Hastings, Janofsky & Walker, LLP

Ordered that the motion (M-4889) denied, and the cross motion (M-5058) granted to the extent that the purported appeals are dismissed, and pursuant to 22 NYCRR part 130, attorneys' fees are awarded to defendant Paul, Hastings, Janofsky & Walker, LLP, in the amount of $4,476.00 payable by plaintiff's attorney, Robert H. Haggerty. The Clerk of Supreme Court, New York County, is directed to enter judgment accordingly. We note that in the orders, from which plaintiff purports to appeal, costs and sanctions were awarded to defendant upon plaintiff's counsel's frivolous motion practice. On the current motion, plaintiff's counsel has offered no reasonable excuse for his delay and has failed to address either the merits of the purported appeals or their jurisdictional infirmities. Moreover, plaintiff's counsel has made two prior motions in this Court for the same relief, which were withdrawn after the time and expense to prepare opposition to the motions was incurred by defendant. We find that plaintiff's counsel's conduct was undertaken primarily to delay or prolong the resolution of the litigation (22 NYCRR 130-1.1[c][2]). Accordingly, we award defendant costs, in the form of reimbursement by plaintiff's attorney, Robert H. Haggerty, for actual expenses reasonably incurred by defendants, and reasonable attorneys' fees (See 22 NYCRR 130-1.1[a]).

Before: Nardelli, J.P., Gonzalez, Sweeny, McGuire, Kavanagh, JJ.

Motion Nos. M-4889, M-5058