The scant record before us does not demonstrate that defense counsel's conduct was frivolous and does not justify the imposition of a 22 NYCRR subpart 130-1 sanction. Further, the court failed to set forth the reasons why it found that counsel's conduct was frivolous and undertaken primarily to delay or prolong the resolution of the litigation (which was resolved by jury verdict on May 16, 2006) or to harass or maliciously injure another, despite the explanations counsel...
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