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DeSOUZA v. MANHATTAN RX LLC

Index No. 28896/18E. Appeal No. 15547. Case No. 2021-02165.

203 A.D.3d 540 (2022)

162 N.Y.S.3d 702

2022 NY Slip Op 01875

Gwendolyn DeSouza, Appellant, v. Manhattan RX LLC, Doing Business as RX Pharmacy Boston Road, Respondent.

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

Decided March 17, 2022.

Attorney(s) appearing for the Case

Madu, Edozie & Madu, PC, Bronx ( Uche Emelumadu of counsel), for appellant.

Miller, Leiby & Associates, P.C., New York ( Jeffrey R. Miller of counsel), for respondent.

Concur—Kapnick, J.P., Mazzarelli, Friedman, Gesmer, Oing, JJ.

The motion court's sua sponte award of sanctions against plaintiff's counsel did not satisfy the procedural requirements of the Rules of the Chief Administrator of the Courts (22 NYCRR) § 130-1.1. That section provides that a court may award costs or impose sanctions "upon the court's own initiative, after a reasonable opportunity to be heard" (22 NYCRR 130-1.1[d]) and "only upon a written decision setting forth the conduct...

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