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MINICHIELLO v. SUPPER CLUB

256 A.D.2d 59 (1998)

680 N.Y.S.2d 850

STEVEN MINICHIELLO, Respondent, v. SUPPER CLUB et al., Appellants, et al., Defendant.

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

Decided December 3, 1998.

The IAS Court did not improvidently exercise its discretion by denying defendants' request for sanctions and attorneys' fees, since there was a basis in the record for the plaintiff's initial motion seeking disqualification of defendants' counsel, and since the record did not indicate that plaintiff's counsel knew or should have known that the allegations underlying his disqualification motion were false (see, Golden v Barker, 223 A.D.2d 769

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