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YENOM CORP. v. 155 WOOSTER

33 A.D.3d 67 (2006)

818 N.Y.S.2d 210

YENOM CORP., Appellant, v. 155 WOOSTER STREET INC. et al., Respondents.

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

July 13, 2006.

Attorney(s) appearing for the Case

Akin Gump Strauss Hauer & Feld LLP, New York City (Sean E. O'Donnell, James E. d'Auguste and Christine Doniak of counsel), for Matthew Hearle, and others, plaintiffs.

Ganfer & Shore, LLP, New York City (Steven J. Shore of counsel), for 155 Wooster Street Inc. and others, defendants.

Rosenberg & Estis, P.C., New York City (Alexander Lycoyannis of counsel), for James L. Seawright and another.

BUCKLEY P.J., NARDELLI, WILLIAMS, GONZALEZ and MCGUIRE, JJ., concur.

OPINION OF THE COURT

Per Curiam.

This is a post-appeal proceeding initiated by this Court nostra sponte to determine whether sanctions should be imposed against plaintiff and its counsel pursuant to part 130 of the Rules of the Chief Administrator (22 NYCRR 130-1.1 et seq.) based on their frivolous conduct in prosecuting plaintiff's recent appeal (23 A.D.3d 259 [2005], lv denied 6 N.Y.3d...

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