Legal Opinion
Heilbut v. Heilbut
Appellate Division of the Supreme Court of the State of New York
Decided March 31, 2005PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Having advised the parties to this action that, upon our own initiative, we were considering sanctions against Jack S. Dweck, Esq., and his client, Francis Heilbut, for frivolous conduct in prosecuting defendant’s recent appeal (13 AD3d 199 [Dec. 16, 2004]), and having received their submissions on the issue, we now conclude that the appeal was frivolous within the meaning of Rules of the Chief Administrator of the Courts part 130 (22 NYCRR 130-1.1 et seq.), and, accordingly, that sanctions are appropriate.
This case, now in its fourteenth year, has been marked by what the…
3Cases cited4 opinions
- Minister, Elders & Deacons of the Reformed Protestant Dutch Church v. 198 Broadway, Inc.New York Court of Appeals · 1990
- Levy v. Carol Management Corp.Appellate Division of the Supreme Court of the State of New York · 1999
- Heilbut v. HeilbutAppellate Division of the Supreme Court of the State of New York · 2002
- Heilbut v. HeilbutAppellate Division of the Supreme Court of the State of New York · 2004
4Cited by4 opinions
- In re RudinAppellate Division of the Supreme Court of the State of New York · 2006
- Scialdone v. Stepping Stones Associates, L.P.Appellate Division of the Supreme Court of the State of New York · 2017
- Bennett v. TowersNew York Supreme Court · 2014
- Matter of Farley (Doe)New York Supreme Court, Monroe County · 2024