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TSO-HORIUCHI v. HORIUCHI

2009-07841.

78 A.D.3d 818 (2010)

910 N.Y.S.2d 370

WENDY TSO-HORIUCHI, Appellant, v. KENTARO HORIUCHI, Respondent.

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

Decided November 9, 2010.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Under the circumstances of this case, the conduct of the defendant and his counsel in serving a subpoena duces tecum on Steven Oteri and taking his testimony at trial did not constitute frivolous conduct sufficient to warrant the imposition of sanctions (see 601 Realty Corp. v Conway, Farrell, Curtin & Kelly, P.C., 74 A.D.3d 1179

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