| Sav-On Process Serv., Inc. v Lamonsoff |
| 2012 NY Slip Op 52108(U) [37 Misc 3d 134(A)] |
| Decided on November 14, 2012 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant, as limited by his briefs, appeals from that portion of an order of the Civil
Court of the City of New York, New York County (Arlene P. Bluth, J.), entered May 16,
2012, which denied his motion to impose sanctions against plaintiff.
Per Curiam.
Order (Arlene P. Bluth, J.), entered on May 16, 2012, affirmed, with $10 costs.
We find no abuse of discretion in the denial of defendant's motion for Rule 130 sanctions. The second of the two actions initiated by plaintiff against defendant — filed after defendant stopped payment on the check tendered in connection with the purported settlement of the prior action - was not shown to have been brought solely to harass or to constitute the type of frivolous, groundless litigation envisioned by 22 NYCRR 130—1.1(c) (see Parks v Leahey & Johnson, 81 NY2d 161 [1993]; Komolov v Segal, 96 AD3d 513, 514 [2012]; LaRussa v LaRussa, 232 AD2d 297 [1996]). Nor was defendant entitled to sanctions pursuant to CPLR 8303-a, since that provision finds no application in this breach of contract action (see Iannello v Allstate Ins. Co., 292 AD2d 789 [2002]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur
Decision Date: November 14, 2012