Weisburst v Dreifus

Weisburst v Dreifus 2011 NY Slip Op 08207 Decided on November 15, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 15, 2011
Mazzarelli, J.P., Catterson, Moskowitz, Renwick, Abdus-Salaam, JJ.
6025N 312352/07

[*1]Sanford Weisburst, Plaintiff-Respondent,

v

Joanna Dreifus, Defendant-Appellant.




Chemtob Moss Forman & Talbert, LLP, New York (Susan M.
Moss of counsel), for appellant.
Greenberg Traurig, LLP, New York (Leslie D. Corwin of
counsel), for respondent.

Order, Supreme Court, New York County (Saralee Evans, J.), entered June 3, 2010, which, on plaintiff's motion, directed defendant, pursuant to 22 NYCRR 130-1.1, to pay plaintiff $35,500 in counsel fees, unanimously affirmed, without costs, and the matter remanded for entry of the award of costs as a judgment, pursuant to 22 NYCRR 130-1.2.

The court did not abuse its discretion in finding that defendant's underlying motion for an emergency stay contained "false charges [against plaintiff] that were expressed by means of a tortured and very partial rendering of the facts that can only have been deliberately crafted to mislead" and was therefore frivolous within the meaning of 22 NYCRR 130-1.1 (see e.g. Rogovin v Rogovin, 27 AD3d 233 [2006]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 15, 2011

CLERK