Darya Braverman, Plaintiff, v. << (2017)

Supreme Court, Appellate Division, First Department.

Darya Braverman, Plaintiff, v.
Eric Braverman, Defendant. David A. Mayer, Nonparty Appellant, v.

2590N

Decided: January 31, 2017

Sweeny, J.P., Richter, Mazzarelli, Feinman, JJ.

David A. Mayer & Associates, PLLC, Huntington (David A. Mayer of counsel), for appellant. Bender & Rosenthal LLP, New York (Susan L. Bender of counsel), for respondent.

Susan L. Bender,

Nonparty Repondent.

Order, Supreme Court, New York County (Deborah A. Kaplan, J.), entered September 11, 2015, which, to the extent appealed from, granted the guardian ad litem's motion for sanctions against nonparty David A. Mayer pursuant to 22 NYCRR 130–1.1 and directed Mayer to pay $1,500 to the Lawyer's Fund for Client Protection, unanimously affirmed, without costs.

The court's imposition of sanctions pursuant to 22 NYCRR 130–1.1 did not constitute a “clear abuse of discretion” (Pickens v. Castro, 55 AD3d 443, 444 [1st Dept 2008] ). The court's resolution of the motion finds support in the totality of the circumstances surrounding appellant's conduct, including the timing of appellant's filing of a notice of appearance so as to delay or prolong resolution of this matter. The parties in this appeal stipulated to a supplemental record that includes a subsequent decision of the motion court disqualifying appellant from serving as cocounsel for defendant. We note that the factual findings in that decision buttress the court's earlier decision to impose sanctions.

CLERK

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Out of date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!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network