Legal Opinion

Badillo v. Badillo

Appellate Division of the Supreme Court of the State of New York

Decided May 5, 2009PublishedCited by 2 opinions

1Opinion of the Court

In a matrimonial action, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Bivona, J.), dated June 11, 2008, which directed the plaintiff to pay the defendant the sum of $2,000 as a sanction pursuant to 22 NYCRR 130-1.1.

Ordered that the judgment is reversed, on the law, with costs, and the sanction is vacated.

Under the circumstances herein, the plaintiff did not engage in sanctionable conduct by opposing the defendant’s motion, inter alia, to vacate a portion of a prior support order (see 22 *636NYCRR 130-1.1; Rennie-Otote v Otote, 15 AD3d 380, 381 [2005]; Hamilton v…

2Cases cited10 opinions

  1. Jandru Mats, Inc. v. Riteway AV Corp.Appellate Division of the Supreme Court of the State of New York · 2003
  2. Mercury Insurance Group v. OcanaAppellate Division of the Supreme Court of the State of New York · 2007
  3. Stow v. StowAppellate Division of the Supreme Court of the State of New York · 1999
  4. Telemark Construction Inc. v. Francis Fleetwood & AssociatesAppellate Division of the Supreme Court of the State of New York · 1997
  5. Gossett v. Firestar Affiliates, Inc.Appellate Division of the Supreme Court of the State of New York · 1996

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3Cited by2 opinions

  1. Providence Washington Insurance v. MunozAppellate Division of the Supreme Court of the State of New York · 2011
  2. Youcheng Wu v. Jian XuAppellate Division of the Supreme Court of the State of New York · 2016

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