Rodrigues v. Occhipinti

The Supreme Court providently exercised its discretion in granting that branch of the defendant’s motion which was for costs against the plaintiff for engaging in frivolous conduct. Conduct is frivolous if “it is undertaken primarily to delay or prolong the resolution of the litigation, or to harass or maliciously injure another” (22 NYCRR 130-1.1 [c] [2]). Inasmuch as the plaintiff admitted that after commencing the action he no longer wanted to pursue it and took no steps to discontinue the action, awarding costs to the defendant to reimburse him for actual expenses and attorney’s fees…