Matter of Karim v Raju
2021 NY Slip Op 02461 [193 AD3d 592]
April 22, 2021
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 2, 2021


[*1]
 In the Matter of Syed Aftab Karim, M.D., F.A.A.N.S., Appellant,
v
Ramanathan Raju, M.D., et al., Respondents.

Eisenberg & Schnell LLP, New York (Herbert Eisenberg and Julian R. Birnbaum of counsel), for appellant.

Garfunkel Wild, P.C., Great Neck (Leonard Rosenberg of counsel), for respondents.

Order, Supreme Court, New York County (Andrew Borrok, J.), entered January 21, 2020, which, inter alia, granted defendants' cross motion for sanctions, unanimously reversed, on the facts, without costs, and the cross motion denied.

Plaintiff's motion, while ultimately unsuccessful, was not frivolous and therefore did not warrant sanctions (22 NYCRR 130-1.1 [c] [1], [2]). Concur—Acosta, P.J., Renwick, Singh, Moulton, JJ. [Prior Case History: 2020 NY Slip Op 30134(U).]