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SHELLEY v. SHELLY

180 Misc.2d 275 (1999)

688 N.Y.S.2d 439

Gerald J. Shelley et al., Plaintiffs, v. Joseph P. Shelley, Jr., et al., Defendants.

Supreme Court, Westchester County.

March 26, 1999

Attorney(s) appearing for the Case

Gregory Menillo, Hartsdale, for plaintiffs. McMillan Constabile, L. L. P., Larchmont, for defendants.

JOHN P. DiBLASI, J.

The practice of opposing motions with a "knee-jerk" response including a cross motion for the imposition of sanctions against the moving party or counsel without any basis in law or fact has become an increasingly disturbing aspect of civil litigation. It has been recognized that a motion for sanctions in such circumstances is itself a form of...

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