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KAPLON-BELO ASSOCIATES, INC. v. D'ANGELO

2010-03408.

79 A.D.3d 931 (2010)

912 N.Y.S.2d 886

KAPLON-BELO ASSOCIATES, INC., Respondent, v. FRANK D'ANGELO et al., Appellants.

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

Decided December 17, 2010.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the defendants' contention, the Supreme Court providently exercised its discretion in denying their cross motion for the imposition of a sanction upon the plaintiff. The defendants failed to demonstrate that the plaintiff's conduct was frivolous within the meaning of 22 NYCRR 130-1.1 (c) (see 22 NYCRR 130-1.1; Riley v ISS Intl...

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