SARKAR v. PATHAK

1563.

67 A.D.3d 606 (2009)

889 N.Y.S.2d 184

2009 NY Slip Op 08692

BASU SARKAR et al., Respondents, v. MRIDUL KUMAR PATHAK, Appellant.

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

Decided November 24, 2009.


Less than two months after issue was joined and before disclosure had commenced, defendant moved, inter alia, for summary judgment dismissing the complaint; plaintiffs cross-moved for sanctions against defendant and his attorney for making a frivolous motion. Both motions were denied, although the motion court, after finding that plaintiffs failed to show that defendant's motion was frivolous, did award plaintiffs $100 costs, presumably motion costs pursuant to CPLR 8106...

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