Providian National Bank v. McGowan

Appellate Terms of the Supreme Court of New York

Providian National Bank v. McGowan

186 Misc. 2d 553, 720 N.Y.S.2d 709, 2000 N.Y. Misc. LEXIS 549

Appellate Terms of the Supreme Court of New York·Decided October 23, 2000·Published·Cited by 4 cases

Opinion

[554]*554OPINION OF THE COURT

Memorandum.

Order, insofar as appealed from, unanimously modified by reducing the sanctions imposed against Andrew Capoccia Law Centers L. L. C. and Michael Scaptura to the sums of $3,500 and $1,500, respectively, and, as modified, affirmed without costs.

In our opinion, defendant’s affirmative defenses, counterclaims and opposition to the motion for summary judgment were “completely without merit in law” within the meaning of 22 NYCRR 130-1.1 (c) (1). Although we agree with the lower court’s findings, we are of the opinion that the sanctions imposed were excessive and should be reduced.

Aronin, P. J., Chetta and Patterson, JJ., concur.

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[554]*554OPINION OF THE COURT

Memorandum.

Order, insofar as appealed from, unanimously modified by reducing the sanctions imposed against Andrew Capoccia Law Centers L. L. C. and Michael Scaptura to the sums of $3,500 and $1,500, respectively, and, as modified, affirmed without costs.

In our opinion, defendant’s affirmative defenses, counterclaims and opposition to the motion for summary judgment were “completely without merit in law” within the meaning of 22 NYCRR 130-1.1 (c) (1). Although we agree with the lower court’s findings, we are of the opinion that the sanctions imposed were excessive and should be reduced.

Aronin, P. J., Chetta and Patterson, JJ., concur.

Providian National Bank v. McGowan, 186 Misc. 2d 553, 720 N.Y.S.2d 709, 2000 N.Y. Misc. LEXIS 549 (N.Y. Ct. App. 2000).

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186 Misc. 2d 553 (Providian National Bank v. McGowan) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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