Order unanimously reversed on the law without costs and cross motion denied.
Memorandum:
Supreme Court erred in granting the cross motion of defendant Oldenberg for imposition, pursuant to 22 NYCRR 130-1.1, of costs and attorney's fees in the amount of $1,000 against plaintiffs' attorney for frivolous conduct. Plaintiffs' attorney does not dispute that he failed to give advance notice to defendant Oldenberg's attorney, whose office is in Ithaca, that plaintiffs...
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