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MATTER OF 155 WEST 21ST STREET, LLC v. McMULLAN

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24 N.Y.3d 1111 (2015)

In the Matter of 155 WEST 21ST STREET, LLC, Appellant, et al., Petitioner, v. ALISTAIR McMULLAN, Respondent, et al., Respondent.

Court of Appeals of New York.

Decided January 8, 2015.

Attorney(s) appearing for the Case

Ballard Spahr Stillman & Friedman LLP, New York City ( Nathaniel Z. Marmur of counsel), for appellant.

Law Office of Gregory Sheindlin, PLLC, New York City ( Gregory Sheindlin of counsel), for respondent.

Concur: Chief Judge LIPPMAN and Judges READ, PIGOTT, RIVERA and ABDUS-SALAAM.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, with costs, and respondent's cross motion for sanctions, costs, and attorneys' fees denied. Under these circumstances, the Appellate Division abused its discretion in imposing sanctions for frivolous...

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