Visual Arts Found., Inc. v Egnasko

Motion No: M-973

Slip Opinion No: 2013 NY Slip Op 66484(U)

Decided on March 7, 2013

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.

March 7, 2013

Visual Arts Foundation, Inc. v Egnasko

Reargument or other relief denied. Further, we find that the motion is frivolous and was "undertaken primarily to delay or prolong the resolution of this litigation" (Rules of the Chief Administrator, § 130-1.1[c][2]). There is simply no basis for this application (M-973). Costs, attorneys fees and sanctions, pursuant to 22 NYCRR part 130, are imposed against defendant; sanctions are in the amount of $1,000 to be deposited with the Clerk of the Supreme Court, New York County, who is directed to enter judgment accordingly. The matter is remanded to Supreme Court, New York County for computation of the costs and fees incurred by plaintiffs in connection with this motion, and for entry of judgment accordingly awarding same to plaintiff (M-1805).

Before: Tom, J.P., Sweeny, DeGrasse, Abdus-Salaam, Manzanet-Daniels, JJ.

Motion Nos. M-973, M-1805