MATTER OF 155 WEST 21ST STREET, LLC v. McMULLAN


61 A.D.3d 497 (2009)

877 N.Y.S.2d 56

In the Matter of 155 WEST 21ST STREET, LLC, et al., Respondents, v. ALASDAIR McMULLAN, Appellant, et al., Respondent.

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

Decided April 16, 2009.


In this proceeding brought pursuant to RPAPL 881, we are called upon to revisit the issue of sanctions and whether petitioners, by filing a petition in a lower court to seek the relief denied them by this Court, engaged in conduct frivolous enough to warrant the imposition of the maximum financial sanctions.

On May 10, 2006, respondent, Alasdair McMullan, who leased an apartment at 153 West 21st Street (153), commenced an action against petitioners, HRH Construction...

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