Colon v Shlo-Yank Holding, Ltd.

Colon v Shlo-Yank Holding, Ltd. 2011 NY Slip Op 00722 Decided on February 8, 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 February 8, 2011
Sweeny, J.P., Moskowitz, DeGrasse, Freedman, Richter, JJ. 4194-
4194A 24563/04

[*1]Ruth Colon, Plaintiff-Respondent,

v

Shlo-Yank Holding, Ltd., et al., Defendants-Appellants.




Clausen Miller P.C., New York (Edward M. Tobin of counsel),
for appellants.

Orders, Supreme Court, Bronx County (Alexander W. Hunter Jr., J.), entered February 9, 2010 and April 30, 2010, which, to the extent appealed from, imposed sanctions in the amount of $7,500 against defendants' counsel payable to the Lawyers' Fund for Client Protection, unanimously affirmed, without costs.

The imposition of sanctions was warranted in light of the "frivolous conduct" engaged in by defendants' counsel in connection with this action (22 NYCRR 130-1.1[a], [c]). The record demonstrates that counsel blatantly disregarded the court's preclusion ruling and advanced meritless arguments during trial and her summation (see Matter of Rachel's Trousseau [Warshaw Woolen Assoc.], 249 AD2d 148 [1998], lv denied 92 NY2d 810 [1998]).

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

ENTERED: FEBRUARY 8, 2011

CLERK