SALEH v. HOCHBERG


5 A.D.3d 234 (2004)

772 N.Y.S.2d 819

JOSEPH M. SALEH, Appellant, v. RALPH R. HOCHBERG et al., Respondents.

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

March 16, 2004.


Since the record discloses that plaintiff, in prolonged litigation, pursued causes of action that were clearly time-barred and otherwise without arguable merit, the motion court's determination that plaintiff should bear the reasonable costs and attorneys' fees incurred in the action's defense constituted a proper exercise of discretion (see 22 NYCRR 130-1.1 [a]). The motion court adequately set forth the grounds for exacting costs and attorneys' fees from plaintiff...

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