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PRINCIPE v. ASSAY PARTNERS

154 Misc.2d 702 (1992)

Gus Principe et al., Plaintiffs, v. Assay Partners et al., Defendants. Assay Partners, Third-Party Plaintiffs, v. Vanderbilt Biltmore Construction Corporation, Third-Party Defendant. Vanderbilt Biltmore Construction Corporation, Fourth-Party Plaintiff, v. Meadow Mechanical Corporation, Fourth-Party Defendant. Assay Partners et al., Fifth-Party Plaintiffs, v. Meadow Mechanical Corporation et al., Fifth-Party Defendants.

Supreme Court, New York County.

May 7, 1992

Attorney(s) appearing for the Case

Beth Rex and Steven J. Smetana for Meadow Mechanical Corporation, fifth-party defendant. Mirman & Associates, P. C. (Jeffrey H. Schwartz of counsel), for plaintiffs. Bower & Gardner for Assay Partners and others, defendants and third- and fifth-party plaintiffs. Jeffrey Samel & Associates for Vanderbilt Biltmore Construction Corporation, third-party defendant and fourth-party plaintiff. Gordon & Silber, P. C., for Atlas-Gem Erectors, fifth-party defendants. Smith Mazure Director & Wilkins, P. C., for A. Suna Incorporated, fifth-party defendant.

DIANE A. LEBEDEFF, J.

Fourth-party defendant Meadow Mechanical Corporation asserts plaintiff's counsel engaged in abusive, offensive and improper professional conduct during the discovery phase of litigation and moves for sanctions under part 130 of the Rules of the Chief Administrator of the Courts (22 NYCRR).

The sanctions request is based on two incidents. The first centers around insulting remarks...

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