Bailey v. 800 Grand Concourse Owners, Inc.

Order of the Supreme Court, Bronx County (Howard R. Silver, J.), entered March 8, 1993, which granted the defendant’s motion *2to dismiss plaintiffs first four causes of action and awarded defendant costs and attorneys’ fees of $5,215.00 based upon plaintiff’s assertion of frivolous causes of action, unanimously modified, on the law, to the extent of denying the defendant’s motion as to plaintiffs fourth cause of action and reinstating that cause and vacating the award of costs and attorneys’ fees for frivolous litigation, and except as so modified, affirmed, without costs.

In January 1987,…