Ordered that the order is affirmed, without costs or disbursements.
Under the circumstances of this case, the Supreme Court did not improvidently exercise its discretion in ordering that the plaintiff's counsel pay sanctions for frivolous conduct (see, Telemark Constr. v Fleetwood & Assocs., supra). The record of the hearing upon remittitur establishes both that counsel was given an opportunity to be heard and that there was a valid basis...
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