GENCO v. GENCO

2013-08261, Index No. 15592/12.

124 A.D.3d 580 (2015)

997 N.Y.S.2d 919

DANIELLE GENCO, Plaintiff, v. PHYLLIS GENCO et al., Respondents. ANTHONY A. CARONNA, Nonparty Appellant.

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

Decided January 14, 2015.


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 defendants' motion which was for the imposition of sanctions is denied.

Pursuant to 22 NYCRR 130-1.1, sanctions may be imposed against a party or the party's attorney for frivolous conduct. "Conduct during litigation, including on an appeal, is frivolous and subject to sanction and/or the award of costs when it is completely...

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