S & B PETROLEUM, INC. v. GIZEM REALTY CORP.


8 A.D.3d 550 (2004)

778 N.Y.S.2d 696

S&B PETROLEUM, INC., et al., Appellants-Respondents, v. GIZEM REALTY CORP. et al., Respondents-Appellants.

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

June 21, 2004.


Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

Contrary to the plaintiffs' contention, the Supreme Court providently exercised its discretion in denying their motion for an award of an attorney's fee and to impose sanctions, as the actions of the defendants and their attorneys did not rise to the level of frivolous conduct as defined by 22 NYCRR 130-1.1 (see Juron & Minzner v State Farm Ins. Co...

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