Cunningham v City of New York

[*1] Cunningham v City of New York 2014 NY Slip Op 50152(U) Decided on February 7, 2014 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on February 7, 2014
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Schoenfeld, Shulman, JJ
570581/13.

Benjamin Cunningham, Reena Cunningham, and Mahima Cunningham, Plaintiffs-Appellants, - -

against

City of New York, Attn Corporation Counsel John Doe; P.O. Frank Lucia, P.O. Richard Baboolal, Defendants-Respondents.

Plaintiffs appeal from an order of the Civil Court of the City of New York, Bronx County (Ruben Franco, J.), entered June 14, 2013, which denied their motion for Rule 130 sanctions against defense counsel.

Per Curiam.

Order (Ruben Franco, J.), entered June 14, 2013, affirmed, without costs.

Plaintiffs' 17th pretrial application, a renewed motion for Rule 130 sanctions, was properly denied. Any isolated misstatement contained in a prior affirmation filed by defense counsel appears inadvertent, and does not rise to the level of frivolous conduct as defined in 22 NYCRR 130-1.1(c). We reach no other issue.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 07, 2014