SAKOW v. COLUMBIA BAGEL, INC.


32 A.D.3d 689 (2006)

822 N.Y.S.2d 5

MARION SAKOW, Suing Derivatively on Behalf of COLUMBIA BAGEL, INC., Appellant, v. COLUMBIA BAGEL, INC., et al., Respondents.

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

September 7, 2006.


Upon review, we find that although counsel could have been more careful or attentive in matters of pretrial preparation, none of his conduct was completely without legal merit, undertaken primarily to delay or prolong the litigation or to harass or maliciously injure another, or asserted material factual statements that are false (22 NYCRR 130-1.1 [c]). For instance, we cannot find that plaintiff and her attorney intentionally protracted the case while lacking a good faith...

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