POLIDORI v. SG LLC (2008)

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

Kristin POLIDORI, Plaintiff-Appellant, v. SOCIETE GENERALE GROUP, et al., Defendants, SG Americas Securities, LLC, Defendant-Respondent.

Decided: December 18, 2008

MAZZARELLI, J.P., GONZALEZ, CATTERSON, McGUIRE, ACOSTA, JJ.

Bernadette Panzella, New York, for appellant. Dreier LLP, New York (Andrew J. Bernstein of counsel), for respondent.

Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered November 23, 2007, which, insofar as appealed from as limited by the briefs, confirmed the order of the Special Referee to supervise disclosure imposing costs against plaintiff's attorney pursuant to 22 NYCRR part 130, unanimously affirmed, with costs. Order, same court and Justice, entered May 27, 2008, which, insofar as appealed from as limited by the briefs, denied plaintiff's motion to remove the Special Referee, unanimously affirmed, with costs.

Conduct of plaintiff's attorney warranting an award of costs includes, inter alia, her failure to appear at one court conference and her lateness at another, and obstreperous conduct at and premature termination of plaintiff's deposition (see O'Neill v. Ho, 28 A.D.3d 626, 814 N.Y.S.2d 202 [2006]; cf. Figdor v. City of New York, 33 A.D.3d 560, 823 N.Y.S.2d 385 [2006] ). The notice requirements of part 130 were satisfied and a formal hearing was not required (see RCN Constr. Corp. v. Fleet Bank, N.A., 34 A.D.3d 776, 777, 825 N.Y.S.2d 140 [2006]; Citibank [S.D.] v. Ousterman, 279 A.D.2d 886, 887, 719 N.Y.S.2d 378 [2001] ). The Special Referee's occasional expressions of frustration with counsel's conduct do not show bias. We have considered plaintiff's other arguments and find them without merit.

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