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WINTERS v. GOULD

143 Misc.2d 44 (1989)

In the Matter of Philip Winters, Petitioner, v. Bruce J. Gould, as Housing Judge of the Civil Court of the City of New York, et al., Respondents.

Supreme Court, New York County.

March 27, 1989

Attorney(s) appearing for the Case

Philip Winters, petitioner pro se. Rosenberg & Estis (Lawrence Furtzaig of counsel), for John P. Paci, Jr., respondent.

HAROLD TOMPKINS, J.

The institution of an action in which the petitioner knows that the proceeding is without legitimate basis in law or fact and is being instituted primarily to harass another party warrants the severest sanctions permissible (22 NYCRR 130.1). For the reasons set forth below, this court finds that the petitioner's actions in this proceeding fall squarely within the frivolous conduct that the rule seeks to deter.

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