MARS v. MARS


19 A.D.3d 195 (2005)

797 N.Y.S.2d 49

ARNOLD JOSEPH MARS, Appellant, v. ANDREA R. MARS, Defendant. HAROLD A. MAYERSON, ESQ., Nonparty Respondent.

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

June 14, 2005.


Plaintiff's second motion was not frivolous insofar as it sought reargument and renewal, if only because the motion court, at oral argument, ordered production of most of the materials that plaintiff sought on the original motion. Nor was the motion frivolous insofar as it sought permission to assert legal malpractice against the Law Guardian. Plaintiff's original motion to compel disclosure was initiated by order to show cause that the motion court refused to sign in a decision...

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