YUCCA HOLDING CORP v. LABARRE (2023)

Supreme Court, Appellate Term, New York,

YUCCA HOLDING CORP., Petitioner-Landlord-Appellant, v. Natalie LABARRE, Rose Labarre, and Camile Labarre, Respondents-Occupants-Respondents, and “John Doe” and “Jane Doe,” Respondents-Underoccupants.

23-051

Decided: November 17, 2023

PRESENT: Hagler, P.J., Tisch, J.

Order (Jean T. Schneider, J.), dated November 4, 2021, affirmed, with $10 costs.

Civil Court providently exercised its discretion in denying landlord's motion for costs and sanctions pursuant to the Rules of the Chief Administrator of the Courts (22 NYCRR) § 130-1.1. Contrary to landlord's contention, the conduct of respondents' counsel at the deposition, which involved directing his client not to answer three (arguably improper) questions, was not so egregious as to rise to the level of frivolous conduct sufficient to warrant the imposition of monetary sanctions and the award of legal fees and costs pursuant to 22 NYCRR § 130-1.1 (see Pinnock v Mercy Med. Ctr., 180 AD3d 1086, 1087-1088 [2020]). We note that the deposition was completed on a separate date and the questions were answered, without court intervention.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur

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