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NOWAK v. WALDEN

187 A.D.2d 418 (1992)

Brent Nowak et al., Respondents, v. Nathan Walden et al., Defendants, and Michael J. J. Barnas, Nonparty-Appellant

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

November 2, 1992

Ordered that the judgment is reversed, as a matter of discretion, without costs or disbursements, and sanctions and costs are denied.

The Supreme Court improvidently exercised its discretion in sanctioning the appellant for frivolous conduct (see, 22 NYCRR 130-1.1 [a]; Miller v John A. Keeffe, P. C., 164 A.D.2d 933). The appellant's challenge to the validity of the service of a temporary restraining order under CPLR...

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