Legal Opinion

Winters v. Gould

New York Supreme Court

Decided March 27, 1989PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

Harold Tompkins, J.

The institution of an action in which the petitioner knows that the proceeding is without legitimate basis in law or fact and is being instituted primarily to harass another party warrants the severest sanctions permissible (22 NYCRR 130.1). For the reasons set forth below, this court finds that the petitioner’s actions in this proceeding fall squarely within the frivolous conduct that the rule seeks to deter.

*45PROCEDURAL HISTORY

The petitioner has brought this proceeding against Housing Judge Bruce Gould. The petition attacks the final judgment and order…

2Cases cited3 opinions

  1. MATTER OF STATE OF NY v. KingNew York Court of Appeals · 1975
  2. Muka v. New York State Bar Ass'nNew York Supreme Court · 1983
  3. Muka v. Hancock, Estabrook, Ryan, Shove & HustNew York Supreme Court · 1983

3Cited by11 opinions

  1. Lazich v. VittoriaAppellate Division of the Supreme Court of the State of New York · 1993
  2. Lazich v. Vittoria & ParkerAppellate Division of the Supreme Court of the State of New York · 1993
  3. W.J. Nolan & Co. v. DalyAppellate Division of the Supreme Court of the State of New York · 1991
  4. Spremo v. BabchikNew York Supreme Court · 1992
  5. Martin-Trigona v. Capital Cities/ ABC, Inc.New York Supreme Court · 1989

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