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ROSS & COHEN v. KURTZ STEEL CORP.

237 A.D.2d 172 (1997)

654 N.Y.S.2d 375

Ross & Cohen, Respondent, v. Kurtz Steel Corporation, Appellant. Thomas M. Curtis, Nonparty Appellant

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

March 18, 1997

The sanction was properly imposed against defendant's attorney for attempting to interject Judiciary Law § 487 claims against plaintiff law firm that were completely without merit in fact (22 NYCRR 130-1.1 [c] [1]). Defendant's affirmative defense of accord and satisfaction was properly dismissed for lack of proof. The first counterclaim alleging that plaintiff unlawfully retained a portion of the settlement proceeds of the...

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