Brocklebank v. City of Lockport

—Order unanimously reversed on the law without costs and cross motion denied. Memorandum: Supreme Court erred in granting the cross motion of defendant Oldenberg for imposition, pursuant to 22 NYCRR 130-1.1, of costs and attorney’s fees in the amount of $1,000 against plaintiffs’ attorney for frivolous conduct. Plaintiffs’ attorney does not dispute that he failed to give advance notice to defendant Oldenberg’s attorney, whose office is in Ithaca, that plaintiffs had adjourned a motion scheduled for argument in Niagara Falls, and that defendant Oldenberg was put to needless expense by that…