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THOUBBORON v. SMITH

8 A.D.3d 260 (2004)

777 N.Y.S.2d 676

ROBERT THOUBBORON, Respondent, v. DONALD SMITH et al., Defendants, and WILLIAM SPAIN et al., Appellants.

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

June 1, 2004.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the appellants' motion for an award of costs and to impose a sanction against the plaintiff and his attorneys, as the conduct at issue was not frivolous conduct proscribed by 22 NYCRR 130-1.1 (see Mimoun v Zicherman, 293 A.D.2d 585

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