Nagel v. Gammerman

Appellate Division of the Supreme Court of New York

Nagel v. Gammerman

293 A.D.2d 347, 741 N.Y.S.2d 851, 2002 N.Y. App. Div. LEXIS 3888

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

DecidedApril 16, 2002

StatusPublished

This text of 293 A.D.2d 347 (Nagel v. Gammerman) 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

Nagel v. Gammerman, 293 A.D.2d 347, 741 N.Y.S.2d 851, 2002 N.Y. App. Div. LEXIS 3888 (N.Y. Ct. App. 2002).

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Opinion

Petitioner’s motions for certified transcript of record of certain proceedings (M-6919) and stay (M-7222) are denied. Respondent Andrew Lavoott Bluestone’s cross motion (M-7058) for sanctions pursuant to 22 NYCRR 130-1.1 is granted and petitioner is directed to pay $500 as sanctions to the Lawyers’ Fund for Client Protection. The Clerk of the Supreme Court, New York County, is directed to enter judgment in the amount of $500 in accordance with 22 NYCRR 130-1.3, said amount to be paid forthwith. We find such sanction is warranted by petitioner’s pursuit of this matter which is “completely without merit in law” (22 NYCRR 130-1.1 [c] [1]), and by vexatious and abusive manner in which this pursuit was undertaken (22 NYCRR 130-1.1 [c] [2]; see also Todtman, Young, Tunick, Nachamie, Hendler, Spizz & Drogin v Richardson, 247 AD2d 318, lv dismissed 91 NY2d 1003). Concur— Williams, P.J., Nardelli, Wallach and Friedman, JJ.

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Petitioner’s motions for certified transcript of record of certain proceedings (M-6919) and stay (M-7222) are denied. Respondent Andrew Lavoott Bluestone’s cross motion (M-7058) for sanctions pursuant to 22 NYCRR 130-1.1 is granted and petitioner is directed to pay $500 as sanctions to the Lawyers’ Fund for Client Protection. The Clerk of the Supreme Court, New York County, is directed to enter judgment in the amount of $500 in accordance with 22 NYCRR 130-1.3, said amount to be paid forthwith. We find such sanction is warranted by petitioner’s pursuit of this matter which is “completely without merit in law” (22 NYCRR 130-1.1 [c] [1]), and by vexatious and abusive manner in which this pursuit was undertaken (22 NYCRR 130-1.1 [c] [2]; see also Todtman, Young, Tunick, Nachamie, Hendler, Spizz & Drogin v Richardson, 247 AD2d 318, lv dismissed 91 NY2d 1003). Concur— Williams, P.J., Nardelli, Wallach and Friedman, JJ.

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Bluebook (online)

293 A.D.2d 347, 741 N.Y.S.2d 851, 2002 N.Y. App. Div. LEXIS 3888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nagel-v-gammerman-nyappdiv-2002.

Opinion

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