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MERLITE INDUS., INC. v. MADDALENA

248 A.D.2d 117 (1998)

669 N.Y.S.2d 806

Merlite Industries, Inc., Respondent, v. Michael Maddalena et al., Appellants

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

March 3, 1998

We find that the motion court properly exercised its discretion in awarding a $500 sanction against defendants' counsel under the circumstances (see, 22 NYCRR 130-1.1 et seq.). The imposition of costs and attorneys' fees of $500 payable to plaintiff's attorneys was a condition to the vacatur of defendants' default and was clearly warranted (see, Gordineer v Gallagher, 160 A.D.2d 672<...

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