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N.Y. LOUNGE GROUP, LLC v. SULLIVAN

33 A.D.3d 515 (2006)

823 N.Y.S.2d 49

N.Y. LOUNGE GROUP, LLC, Plaintiff, v. JOHN SULLIVAN et al., Defendants, and LORI A. SULLIVAN, ESQ., Respondent. KENNETH W. JIANG, ESQ., Nonparty Appellant.

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

Decided October 24, 2006.

The record supports a finding that appellant engaged in frivolous conduct as defined in 22 NYCRR 130-1.1 (c). Despite stakeholder Sullivan's written acknowledgment that she would retain the down payment in the transaction in escrow, after counsel for the buyers objected to its release to the sellers, and despite the court's memorialization of Sullivan's representation that she would hold the money in escrow, appellant instituted and continued a lawsuit in which he asserted...

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