WU v. XU

2014-09008, Index No. 31636/13.

137 A.D.3d 1016 (2016)

26 N.Y.S.3d 706

2016 NY Slip Op 01834

YOUCHENG WU, Respondent, v. JIAN XU, Appellant.

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

Decided March 16, 2016.


Ordered that the order dated June 27, 2014 is reversed insofar as appealed from, on the law, with costs, that branch of the plaintiff's motion which was pursuant to 22 NYCRR 130-1.1 for an award of attorneys' fees and expenses payable by the defendant is denied, and the order dated October 9, 2013 is modified accordingly.

The plaintiff failed to demonstrate that the defendant engaged in frivolous conduct within the meaning of 22 NYCRR 130-1.1 (c) (see Matter of...

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