MARX v. ROSALIND & JOSEPH GURWIN JEWISH GERIATRIC CTR. OF LONG ISLAND, INC.

2014-06566, Index No. 117/06.

148 A.D.3d 696 (2017)

2017 NY Slip Op 01545

49 N.Y.S.3d 475

ARLENE MARX, Administratrix of the Estate of RUTH WIENER, Deceased, Respondent, v. ROSALIND AND JOSEPH GURWIN JEWISH GERIATRIC CENTER OF LONG ISLAND, INC., Doing Business as GURWIN JEWISH GERIATRIC CENTER, et al., Defendants. PARKER WAICHMAN, LLP, Nonparty Respondent; WILSON ELSER MOSKOWITZ EDELMAN & DICKER, LLP, et al., Nonparty Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided March 1, 2017.


Ordered that the judgment is reversed, on the facts and in the exercise of discretion, with costs, that branch of the plaintiff's motion which was pursuant to 22 NYCRR 130-1.1 for an award of costs is denied, and the order dated January 14, 2014, is modified accordingly.

At issue on this appeal is the imposition of costs pursuant to 22 NYCRR 130-1.1 against the defendants' counsel, upon the Supreme Court's finding that defense counsel engaged in frivolous conduct...

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