STANLEY v. HAWKINS (1999)

Supreme Court, Appellate Term, New York.

Mark STANLEY, Appellant, v. Diane HAWKINS, Respondent, et al., Respondent.

Decided: January 27, 1999

PRESENT: HELEN E. FREEDMAN, J.P., and WILLIAM J. DAVIS, J.

Edwin I. Gorski, New York City, for appellant. Roger J. Bernstein, New York City, for Diane Hawkins, respondent.

Order dated July 7, 1997 (Arlene H. Hahn, J.) affirmed with $10 costs.

The award of costs and/or the imposition of sanctions for frivolous conduct, as defined in 22 NYCRR 130-1.1(c), is a matter within the trial court's discretion (see, Golden v. Barker, 223 A.D.2d 769, 636 N.Y.S.2d 444). Our review of the record indicates that a sufficient basis exists for Civil Court to have awarded costs to reimburse tenant for her reasonable attorney's fees, based upon the petitioner-landlord's institution and continued pursuit of this baseless litigation (see, Pahl Equip. Corp. v. Kassis, 182 A.D.2d 22, 588 N.Y.S.2d 8, lv. denied in part, dismissed in part 80 N.Y.2d 1005, 592 N.Y.S.2d 665, 607 N.E.2d 812, rearg. denied 81 N.Y.2d 782, 594 N.Y.S.2d 714, 610 N.E.2d 387). The court notes that the amount of the sanction is not challenged by landlord on appeal.

PER CURIAM.

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