Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
William Henry LAMMERS, Plaintiff-Respondent, v. Elizabeth Frothingham LAMMERS, Defendant-Appellant.
Order, Supreme Court, New York County (Lewis Friedman, J.), entered January 12, 1996, which rejected documents submitted by defendant in connection with her motion for the court's recusal after the return date of the motion; order, same court and Justice, entered on or about September 29, 1995, which denied defendant's motion for the court's recusal; order, same court and Justice, entered October 5, 1995, which denied defendant's motion for $11,000 in future attorney's fees; order, same court (Fern Fisher-Brandveen, J.), entered February 28, 1996, which denied, as procedurally defective, plaintiff's motion to restrain defendant from seeking any further relief by notice of motion and to require her to seek all future relief by order to show cause, but granted the identical relief sua sponte; and order, same court and Justice, entered February 28, 1996, which denied defendant's motion to disqualify plaintiff's counsel, unanimously affirmed, without costs.
Given the numerous frivolous motions defendant has made, it was a proper exercise of discretion for the court to enjoin her from making any further motion in this action without judicial approval (Schwartz v. Nordstrom, Inc., 160 A.D.2d 240, 242, 553 N.Y.S.2d 684 appeal dismissed 76 N.Y.2d 845, 560 N.Y.S.2d 129, 559 N.E.2d 1288, lv. denied 76 N.Y.2d 711, 563 N.Y.S.2d 62, 564 N.E.2d 672). We have considered defendant's other points and find them to be without merit (see, CPLR 2214; 22 NYCRR 202.16[k][3]; Goodman v. Goodman, 228 A.D.2d 338, 644 N.Y.S.2d 731; Harnett v. Long Is. Jewish-Hillside Med. Center, 215 A.D.2d 726, 627 N.Y.S.2d 83, lv. denied 87 N.Y.2d 801, 637 N.Y.S.2d 688, 661 N.E.2d 160; see also, Lammers v. Lammers, 227 A.D.2d 255, 642 N.Y.S.2d 658).
MEMORANDUM DECISION.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: January 21, 1997
Court: Supreme Court, Appellate Division, First Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)