| Hershko v Troutman Sanders, LLP |
| 2021 NY Slip Op 02245 [193 AD3d 503] |
| April 13, 2021 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Isaac Hershko et al., Respondents, v Troutman Sanders, LLP, et al., Defendants. The Berkman Office, LLC, et al., Nonparty Appellants. |
Skarzynski Marick & Black LLP, New York (Evan Shapiro of counsel), for appellants.
Order, Supreme Court, New York County (Robert D. Kalish, J.), entered December 4, 2019, which denied nonparty appellants' motion for sanctions against plaintiffs, unanimously affirmed, with costs.
Appellants ceased to be parties to this action on June 25, 2018, when judgment was entered dismissing the complaint as against them. Thus, when they moved for sanctions on September 11, 2019, the court was not authorized to award sanctions to them (22 NYCRR 130-1.1 [a] ["The court, in its discretion, may award (costs) to any party or attorney in any civil action or proceeding before the court"]). Were we to address the merits, we would find that sanctions are not warranted. Concur—Kapnick, J.P., Kern, Singh, Scarpulla, JJ.