Stanley v. Hawkins

Appellate Terms of the Supreme Court of New York

Stanley v. Hawkins

180 Misc. 2d 302, 688 N.Y.S.2d 379, 1999 N.Y. Misc. LEXIS 203

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 27, 1999

StatusPublished

This text of 180 Misc. 2d 302 (Stanley v. Hawkins) 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

Stanley v. Hawkins, 180 Misc. 2d 302, 688 N.Y.S.2d 379, 1999 N.Y. Misc. LEXIS 203 (N.Y. Ct. App. 1999).

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Opinion

OPINION OF THE COURT

Per Curiam.

Order dated July 7, 1997 affirmed with $10 costs.

The award of costs and/or the imposition of sanctions for frivolous conduct, as defined in 22 NYCRR 130-1.1 (c), is a [303]*303matter within the trial court’s discretion (see, Golden v Barker, 223 AD2d 769). Our review of the record indicates that a sufficient basis exists for Civil Court to have awarded costs to reimburse tenant for her reasonable attorney’s fees, based upon the petitioner landlord’s institution and continued pursuit of this baseless litigation (see, Pahl Equip. Corp. v Kassis, 182 AD2d 22, lv denied in part, lv dismissed in part 80 NY2d 1005, rearg denied 81 NY2d 782). The court notes that the amount of the sanction is not challenged by landlord on appeal.

Freedman, J. P., and Davis, J., concur.

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OPINION OF THE COURT

Per Curiam.

Order dated July 7, 1997 affirmed with $10 costs.

The award of costs and/or the imposition of sanctions for frivolous conduct, as defined in 22 NYCRR 130-1.1 (c), is a [303]*303matter within the trial court’s discretion (see, Golden v Barker, 223 AD2d 769). Our review of the record indicates that a sufficient basis exists for Civil Court to have awarded costs to reimburse tenant for her reasonable attorney’s fees, based upon the petitioner landlord’s institution and continued pursuit of this baseless litigation (see, Pahl Equip. Corp. v Kassis, 182 AD2d 22, lv denied in part, lv dismissed in part 80 NY2d 1005, rearg denied 81 NY2d 782). The court notes that the amount of the sanction is not challenged by landlord on appeal.

Freedman, J. P., and Davis, J., concur.

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Bluebook (online)

180 Misc. 2d 302, 688 N.Y.S.2d 379, 1999 N.Y. Misc. LEXIS 203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stanley-v-hawkins-nyappterm-1999.

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