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HUGHES v. FARREY

48 A.D.3d 385 (2008)

851 N.Y.S.2d 561

DONNA M. HUGHES, Respondent, v. PAUL F. FARREY, Appellant. LAWRENCE ANTHONY PORCARI, Nonparty Appellant.

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

Decided February 28, 2008.

Given defendant's unexcused failure to appear for a deposition that had been twice ordered by the court, it is clear that the IAS court properly determined that his conduct and that of his attorney were frivolous (see 22 NYCRR 130-1.1 [a]), and there is no reason to disturb the exercise of discretion as to either the imposition of sanctions or the amounts awarded (see Seldon v Bruno, 204 A.D.2d 180 [1994]).

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