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BENISHAI v. BENISHAI

4690, 105669/10.

83 A.D.3d 420 (2011)

920 N.Y.S.2d 84

JACK BENISHAI et al., Respondents, v. DAVID BENISHAI, Appellant. ROBERT GARSON et al., Nonparty Respondents.

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

Decided April 5, 2011.

The denial of sanctions as against Garson was a provident exercise of the court's discretion. Respondent failed to show that Garson's actions in obtaining the ex parte temporary restraining order "were completely without merit, were made primarily to harass or maliciously injure, or falsely asserted a material fact" (Parkchester S. Condominium Inc. v Hernandez, 71 A.D.3d 503, 504 [2010]). Nor was the challenged conduct "undertaken...

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