NEW ALLIANCE PARTY v. BOARD OF ELECTIONS

No. 90 Civ. 5696(RWS).

760 F.Supp. 59 (1991)

NEW ALLIANCE PARTY, Rafael Mendez, Joan Brown, Frederica Shields and Ann Stevens, Plaintiffs, v. BOARD OF ELECTIONS IN the CITY OF NEW YORK, George Friedman, as Chairperson to the Bronx County Democratic Organization, Howard Golden, as Chairperson of the Kings County Democratic Organization, Hector Diaz, Albert Vann, Rhoda Jacobs, John Osterman, as Special Election Referee for the Supreme Court of the State of New York, Bronx County, Fred W. Eggert, Justice of the Supreme Court of the State of New York, Bronx County, Herbert Kramer, Justice of the Supreme Court of the State of New York, Kings County, Julius Vinik, Justice of the Supreme Court of the State of New York, Kings County, Theodore R. Kupferman, David Ross, Bentley Kassal, Betty Weinberg Ellerin and George Bundy Smith, as Justices of the Appellate Division of the Supreme Court of the State of New York for the First Judicial Department, Lawrence J. Bracken, Isaac Rubin, Stanley Hardwood, Albert M. Rosenblatt and Sondra Miller, as Justices of the Appellate Division of the Supreme Court of the State of New York for the Second Judicial Department, Sol Wachtler, Richard D. Simons, Judith S. Kaye, Fritz W. Alexander II, Vito J. Titone, Stewart F. Hancock, Jr. and Joseph W. Bellacosa, as Judges of the Court of Appeals of the State of New York, Defendants.

United States District Court, S.D. New York.

March 29, 1991.


Attorney(s) appearing for the Case

International Peoples Law Institution (Gary Sinawski, Harry Kresky, of counsel), New York City, for plaintiffs.

Dublirer, Haydon, Straci & Victor (Paul A. Victor, of counsel), for defendant George Friedman.


OPINION

SWEET, District Judge.

Defendant George Friedman ("Friedman") has moved for an order granting him reasonable expenses incurred in the defense of this action, including sanctions and attorneys' fees, pursuant to 42 U.S.C. § 1988 and Rule 11, Fed.R.Civ.P. For the reasons set forth below, the motion is granted in part and denied in part.

The Parties

The plaintiff in the underlying action is the New Alliance Party ("NAP...

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