Cinque v. Schieferstein

Appellate Division of the Supreme Court of New York

Cinque v. Schieferstein

5 A.D.3d 198, 772 N.Y.S.2d 813, 2004 N.Y. App. Div. LEXIS 2565

Appellate Division of the Supreme Court of the State of New York·Decided March 11, 2004·Published

Opinion

Order, Supreme Court, New York County (Charles Ramos, J.), entered June 27, 2003, which, to the extent appealed from as limited by the briefs, awarded defendant $8,079.55 as the reasonable value of legal services rendered in responding to a prior appeal, unanimously affirmed, with costs.

The award of costs for the prior appeal (292 AD2d 197 [2002]), under 22 NYCRR 130-1.1, was not merely for defending an award of sanctions, but also for preserving the dismissal of plaintiff’s baseless action (compare Henriques v Boitano, 304 AD2d 467 [2003]).

We have considered the parties’ other contentions for affirmative relief and find them unavailing. Concur—Buckley, P.J., Williams, Lerner and Marlow, JJ.

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Order, Supreme Court, New York County (Charles Ramos, J.), entered June 27, 2003, which, to the extent appealed from as limited by the briefs, awarded defendant $8,079.55 as the reasonable value of legal services rendered in responding to a prior appeal, unanimously affirmed, with costs.

The award of costs for the prior appeal (292 AD2d 197 [2002]), under 22 NYCRR 130-1.1, was not merely for defending an award of sanctions, but also for preserving the dismissal of plaintiff’s baseless action (compare Henriques v Boitano, 304 AD2d 467 [2003]).

We have considered the parties’ other contentions for affirmative relief and find them unavailing. Concur—Buckley, P.J., Williams, Lerner and Marlow, JJ.

Cinque v. Schieferstein, 5 A.D.3d 198, 772 N.Y.S.2d 813, 2004 N.Y. App. Div. LEXIS 2565 (N.Y. Ct. App. 2004).

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Opinion

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