| Vladenn Med. Supply Corp., As Assignee of Pierre, Rose E. v American Ind. Ins. Co. |
| Motion No: 2018-01959 KC |
| Slip Opinion No: 2022 NY Slip Op 67039(U) |
| Decided on June 2, 2022 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 2nd, 11th & 13th Judicial Districts
THOMAS P. ALIOTTA, P.J.
DAVID ELLIOT
DONNA-MARIE E. GOLIA, JJ.
DECISION & ORDER ON MOTION
| Vladenn Medical Supply Corp., as Assignee of Pierre, Rose E., Appellant, v American Independent Ins. Co., Respondent. |
Appeal from an order of the Civil Court of the City of New York, Kings County (Joy F. Campanelli, J.), entered February 5, 2018. The order, insofar as appealed from as limited by the brief, granted defendant's motion to dismiss the complaint.
In an appeal decision dated December 10, 2021, on the court's own motion, counsel for the respective parties and Damin J. Toell, Esq., were directed to show cause why an order should or should not be made and entered imposing such sanctions and costs, if any, against The Rybak Firm, PLLC, and Damin J. Toell, Esq., pursuant to Rules of the Chief Administrator of the Courts (22 NYCRR) § 130-1.1 (c) as this court may deem appropriate.
The court concluded that sanctions may be warranted for the conduct of The Rybak Firm, PLLC, and Damin J. Toell, Esq., as their conduct appeared to be frivolous (see Flushing Expo, Inc. v New World Mall, LLC, 116 AD3d 826 [2014]; Ram v Torto, 111 AD3d 814 [2013]), in that their briefs asserted arguments that are "completely without merit in law and [which] cannot be supported by a reasonable argument for an extension, modification or reversal of existing law" (Rules of Chief Admin of Cts [22 NYCRR] § 130-1.1 [c] [1]).
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion is denied.
Under the circumstances, sanctions are not warranted.
ELLIOT, J., taking no part.
ENTER:
Paul Kenny
Chief Clerk