AVILDSEN v. PRYSTAY


256 A.D.2d 160 (1998)

681 N.Y.S.2d 521

JOHN AVILDSEN, Respondent, v. MYROSLAWA PRYSTAY, Appellant.

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

Decided December 15, 1998.


The motion court properly denied defendant's motion since the interest issue defendant wished to raise had previously been fully litigated and decided against her. The attempt by defense counsel to nonetheless relitigate the interest issue by filing a final judgment and then moving to modify the judgment and for a recalculation of interest was properly deserving of sanctions pursuant to 22 NYCRR 130-1.1. Clearly, counsel's actions were intentional and, in light of the circumstances...

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