Fritze v. Versailles

Appellate Division of the Supreme Court of New York

Fritze v. Versailles

158 A.D.2d 669, 551 N.Y.S.2d 854, 1990 N.Y. App. Div. LEXIS 2246

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 26, 1990

StatusPublished

Cited by2 cases

This text of 158 A.D.2d 669 (Fritze v. Versailles) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fritze v. Versailles, 158 A.D.2d 669, 551 N.Y.S.2d 854, 1990 N.Y. App. Div. LEXIS 2246 (N.Y. Ct. App. 1990).

Pincite

Opinion

A review of the record clearly establishes that this medical malpractice action, even if commenced in good faith, was continued long after the plaintiff’s counsel knew that there was no basis to hold the defendant Dr. Robert Cestari at fault for any part of the plaintiff’s cause of action and that the action should have been unconditionally discontinued as against him. Thus, the Supreme Court, having properly found that the continuation of this action against Dr. Cestari was [670]*670frivolous, was mandated to grant Dr. Cestari’s application for costs and reasonable attorneys’ fees (see, CPLR 8303-a; Mitchell v Herald Co., 137 AD2d 213, 219-220).

We find no merit to the plaintiffs other contentions. Thompson, J. P., Lawrence, Kunzeman and Balletta, JJ., concur.

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A review of the record clearly establishes that this medical malpractice action, even if commenced in good faith, was continued long after the plaintiff’s counsel knew that there was no basis to hold the defendant Dr. Robert Cestari at fault for any part of the plaintiff’s cause of action and that the action should have been unconditionally discontinued as against him. Thus, the Supreme Court, having properly found that the continuation of this action against Dr. Cestari was [670]*670frivolous, was mandated to grant Dr. Cestari’s application for costs and reasonable attorneys’ fees (see, CPLR 8303-a; Mitchell v Herald Co., 137 AD2d 213, 219-220).

We find no merit to the plaintiffs other contentions. Thompson, J. P., Lawrence, Kunzeman and Balletta, JJ., concur.

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Bluebook (online)

158 A.D.2d 669, 551 N.Y.S.2d 854, 1990 N.Y. App. Div. LEXIS 2246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fritze-v-versailles-nyappdiv-1990.

Opinion

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