Legal Opinion
DeFoe v. Bankers Trust Co.
Appellate Division of the Supreme Court of the State of New York
Decided January 21, 1992PublishedCited by 2 opinions
1Opinion of the Court
The Supreme Court did not improvidently exercise its discretion in imposing sanctions and costs because of the frivo*738lous conduct of the appellant’s trial attorneys in interfering with the plaintiff’s right to photograph the accident site (see, 22 NYCRR 130-1.1 [c] [2]; Odette Realty Co. v DiBianco, 170 AD2d 299, 301; Harley v Druzba, 169 AD2d 1001, 1003; Dellafiora v Dellafiora, 172 AD2d 715). However, since the plaintiff sought sanctions against the appellant’s trial counsel, and the record establishes that it was trial counsel who committed the frivolous conduct, we modify the order to…
2Cases cited4 opinions
- Minister, Elders & Deacons of the Reformed Protestant Dutch Church v. 198 Broadway, Inc.New York Court of Appeals · 1990
- Harley v. DruzbaAppellate Division of the Supreme Court of the State of New York · 1991
- Odette Realty Co. v. DiBiancoAppellate Division of the Supreme Court of the State of New York · 1991
- Dellafiora v. DellafioraAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by2 opinions
- Curcio v. J.P Hogan Coring & Sawing Corp.Appellate Division of the Supreme Court of the State of New York · 2003
- Makris v. Westchester CountyAppellate Division of the Supreme Court of the State of New York · 2005