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

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 23, 2000

StatusPublished

Cited by4 cases

This text of 186 Misc. 2d 553 (Providian National Bank v. McGowan) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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).

Pincite

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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