RCN CONSTRUCTION CORP. v. FLEET BANK, N.A.


34 A.D.3d 776 (2006)

825 N.Y.S.2d 140

RCN CONSTRUCTION CORP., Respondent, v. FLEET BANK, N.A., Defendant and Third-Party Plaintiff. NEAL MANDEL et al., Third-Party Defendants-Appellants.

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

Decided November 28, 2006.


Ordered that the order dated May 19, 2005 is affirmed insofar as appealed from; and it is further,

Ordered that the appeal from the order dated October 18, 2005 is dismissed; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

The record supports the Supreme Court's determination that the third-party defendants engaged in frivolous conduct pursuant to 22 NYCRR 130-1.1 (c). The order is sufficiently detailed so as to comply...

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