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FISHOFF FAMILY FOUNDATION v. FRYDMAN

653838/14, 3525, 3524.

148 A.D.3d 601 (2017)

2017 NY Slip Op 02371

50 N.Y.S.3d 346

FISHOFF FAMILY FOUNDATION et al., Plaintiffs, and MARK APPEL, Respondent, v. JACOB FRYDMAN et al., Appellants, et al., Defendants.

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

Decided March 28, 2017.

Insofar as relevant here, to be liable for sanctions, a party or attorney must knowingly submit or sign pleadings or papers containing materially false statements of fact (Rules of Chief Admin of Cts [22 NYCRR] § 130-1 et seq.). Whether to impose sanctions, even in such a case, is left to the discretion of the court (see e.g. Weisburst v Dreifus, 89 A.D.3d 536 [1st Dept 2011]). Here, plaintiffs stated that they relied...

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