TAG 380 LLC v. 380 (2008)

Supreme Court, Appellate Division, First Department, New York.

TAG 380, LLC, Plaintiff-Appellant, v. Howard P. RONSON, Defendant-Respondent, Commet 380, Inc., et al., Defendants.

Decided: May 06, 2008

TOM, J.P., ANDRIAS, NARDELLI, WILLIAMS, JJ.

Rosenberg & Estis, P.C., New York (Warren A. Estis and Michael E. Feinstein of counsel), for appellant. DLA Piper US LLP, New York (Todd B. Marcus of counsel), for respondent.

Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered November 30, 2007, which, insofar as appealed from as limited by the briefs, denied plaintiff's cross motion for sanctions brought pursuant to 22 NYCRR 130-1.1, unanimously affirmed, without costs.

The court appropriately exercised its discretion in denying the cross motion for sanctions, since the motion for substitution, necessitated by the March 2007 death of defendant Ronson, was neither without merit nor brought in an effort to delay or frustrate the proceedings. That the court denied the motion and requested additional information from Ronson's counsel as to the propriety of the motion does not render counsel's conduct sanctionable (see Parks v. Leahey & Johnson, 81 N.Y.2d 161, 165, 597 N.Y.S.2d 278, 613 N.E.2d 153 [1993] ).

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

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.

Go To Learn About The Law