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CINQUE v. SCHIEFERSTEIN

5 A.D.3d 198 (2004)

772 N.Y.S.2d 813

ROBERT W. CINQUE, Appellant, v. ERNEST G. SCHIEFERSTEIN, Respondent.

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

March 11, 2004.

The award of costs for the prior appeal (292 A.D.2d 197 [2002]), under 22 NYCRR 130-1.1, was not merely for defending an award of sanctions, but also for preserving the dismissal of plaintiff's baseless action (compare Henriques v Boitano, 304 A.D.2d 467 [2003]).

We have considered the parties' other contentions for affirmative relief and find them...

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