Legal Opinion

G&T Terminal Packaging Co. v. Western Growers Ass'n

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

Decided October 22, 2009Published

1Opinion of the Court

Order, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered on or about July 15, 2008, awarding defendants $32,306.50 in attorneys’ fees and expenses in connection with their defense of this matter, unanimously affirmed, without costs.

The IAS court did not abuse its discretion by determining that plaintiffs’ conduct was frivolous within the meaning of 22 NYCRR 130-1.1 (c) (2) (see Pickens v Castro, 55 AD3d 443, 444 [2008]). Contrary to plaintiffs’ claim, courts take into consideration the entire dispute between the parties, not just the lawsuit in which sanctions are imposed (see…

2Cases cited5 opinions

  1. Sharrow v. Dick Corp.New York Court of Appeals · 1994
  2. Pickens v. CastroAppellate Division of the Supreme Court of the State of New York · 2008
  3. Jemzura v. MugglinAppellate Division of the Supreme Court of the State of New York · 1994
  4. Murray v. National Broadcasting Co.Appellate Division of the Supreme Court of the State of New York · 1995
  5. Jason v. ChusidAppellate Division of the Supreme Court of the State of New York · 1991

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