Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, and that branch of the plaintiff's motion which was for an award of an attorney's fee pursuant to 22 NYCRR 130-1.1 is denied.
It is not clear from the record that the failure of the defendant's counsel to turn over certain documents to the plaintiff's counsel was "frivolous" within the meaning of 22 NYCRR 130-1.1 (c). Indeed, the Supreme Court did...
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