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E-UNIT, LLC v. SAUL

2015-06392. Index No. 511863/14.

153 A.D.3d 901 (2017)

58 N.Y.S.3d 863

2017 NY Slip Op 06351

E-UNIT, LLC, a Delaware Limited Liability Company, et al., Respondents, v. LEWIS SAUL et al., Appellants.

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

Decided August 30, 2017.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the defendants' contentions, the Supreme Court providently exercised its discretion in denying that branch of their cross motion which was to impose a monetary sanction upon the plaintiffs and their attorney, as the defendants failed to demonstrate that either engaged in frivolous conduct within the meaning of 22 NYCRR 130-1.1 (c) (see Finkelman v SBRE, LLC...

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