| Matter of 155 W. 21st St., LLC v McMullan |
| 2015 NY Slip Op 00228 [24 NY3d 1111] |
| January 8, 2015 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, March 18, 2015 |
| In the Matter of 155 West 21st Street, LLC, Appellant, et al., Petitioner, v Alistair McMullan, Respondent, et al., Respondent. |
Decided January 8, 2015
Matter of 155 W. 21st St., LLC v McMullan, 112 AD3d 526, reversed.
Ballard Spahr Stillman & Friedman LLP, New York City (Nathaniel Z. Marmur of counsel), for appellant.
Law Office of Gregory Sheindlin, PLLC, New York City (Gregory Sheindlin of counsel), for respondent.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, with costs, and respondent's cross motion for sanctions, costs, and attorneys' fees denied. Under these circumstances, the Appellate Division abused its discretion in imposing sanctions for frivolous conduct.
Concur: Chief Judge Lippman and Judges Read, Pigott, Rivera and Abdus-Salaam.