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PECK v. VOSS

265 A.D.2d 890 (1999)

696 N.Y.S.2d 730

DARLENE PECK, Plaintiff, v. WILLIAM VOSS et al., Defendants, and KATHERINE GAYHART, Respondent. FINKELSTEIN, LEVINE, GITTELSOHN & PARTNERS, Nonparty Appellant.

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

Decided October 1, 1999.

Judgment unanimously affirmed without costs.

Memorandum:

We affirm for reasons stated in the decision at Supreme Court (Harvey, J.). We add only that plaintiff's cross motion seeking sanctions against counsel for defendant Katherine Gayhart was properly denied. Plaintiff provided no evidence that defendant's counsel engaged in frivolous conduct (see, 22 NYCRR 130-1.1 [c] [2]; Pipas v Syracuse Home Assn., 226 A.D.2d 1097

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