Gerwin v. Randell

Since most cases dealing with the imposition of sanctions and attorney’s fees merely cite to the Rules of the Chief Administrator (22 NYCRR 130-1.1) without discussion as to the range of nisi prius discretion (see, e.g., Pahl Equip. Corp. v Kassis, 182 AD2d 22, 32, lv denied 80 NY2d 1005, rearg denied 81 NY2d 782), some comment on our decision to vacate the penalty of $4,900 counsel fees and the $1,000 sanction imposed here would seem to be in order.

There was no suggestion by the trial court that the original action was frivolous, an understandable conclusion in light of this Court’s decision…