| Harris v Kessler |
| 2006 NY Slip Op 00836 [26 AD3d 904] |
| Decided on February 3, 2006 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on February 3, 2006
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: HURLBUTT, J.P., SCUDDER, GORSKI, MARTOCHE, AND SMITH, JJ.
174.1 CA 05-00589
[*1]DIANE C. HARRIS, PLAINTIFF-APPELLANT, ORDER
v
KAREN L. KESSLER, AS EXECUTOR OF THE ESTATE OF WAYNE M. HARRIS, DECEASED, DEFENDANT-RESPONDENT.
Appeal from an order of the Supreme Court, Monroe County (Robert J. Lunn, J.), dated January 14, 2005. The order awarded defendant $1,500 in counsel fees from plaintiff and imposed a sanction of $500 on plaintiff for bringing a frivolous motion.
EVANS & FOX, LLP, ROCHESTER (RICHARD J. EVANS OF COUNSEL), FOR PLAINTIFF-APPELLANT.
DAVIDSON, FINK, COOK, KELLY & GALBRAITH, LLP, ROCHESTER (VINCENT M. FERRERO OF COUNSEL), FOR DEFENDANT-RESPONDENT.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: February 3, 2006
JoAnn M. Wahl
Clerk of the Court