Pludeman v Northern Leasing Sys., Inc.

Motion No: M-1104

Slip Opinion No: 2009 NY Slip Op 78563(U)

Decided on July 21, 2009

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.

July 21, 2009

Pludeman v Northern Leasing Systems, Inc.

Motion for an award of costs, attorneys' fees, and sanctions pursuant to 22 NYCRR 130-1.1(a), and for a finding of contempt pursuant to the Judiciary Law, is granted to the extent of directing plaintiffs to pay the $1,940.13 previously ordered by this Court (M3436), finding that plaintiffs and their attorneys have engaged in frivolous conduct, awarding defendants, as sanctions for frivolous conduct, the reasonable costs and attorneys' fees incurred in connection with this motion, payable by plaintiffs and their attorneys in equal shares, and remanding for a determination of the amount thereof. The Clerk of Supreme Court, New York County, is directed to enter judgment accordingly.

Conduct is frivolous if "(1) it is completely without merit in law and cannot be supported by a reasonable argument for an extension, modification or reversal of existing law; or [inter alia,] (2) it is undertaken primarily to delay or prolong the resolution of the litigation, or to harass or maliciously injure another" (22 NYCRR 130-1.1[c]).

Plaintiffs and their attorneys engaged in frivolous conduct by refusing to comply with a prior order of this Court (M3436) directing plaintiffs to pay $1,940.13 for their share of the cost of the joint record on an appeal and by opposing the instant motion to compel compliance (see Melnick v Khoroushi, 57 AD3d 414 [2008]; Estate of Gottlieb, 2007 NY App Div LEXIS 7667 [2007]; Tsabbar v Auld, 26 AD3d 233 [2006]). To the extent plaintiffs and their counsel claim they are due an offset for costs imposed by another court, their recourse is to raise the matter with that other court. In any event, plaintiffs and their counsel have failed to offer any excuse or legal basis for their refusal to pay even the amount they concede is due.

Accordingly, we award defendants reimbursement for their reasonable costs and attorneys' fees in connection with this motion.

Before: Mazzarelli, J.P., Andrias, Buckley, McGuire, JJ.

Motion No. M-1104