Eugene Matanky & Associates, Inc. v. Onixt

Plaintiff’s action seeking to recover a commission alleged to be due on the sale of real estate was tried by a court without a jury. The court found for defendants and judgment was entered accordingly. More than thirty days after entry of the judgment, defendants made a motion to recover their expenses and reasonable attorney’s fees pursuant to section 41 of the Civil Practice Act, which reads as follows:

“Untrue Statements.) Allegations and denials, made without reasonable cause and not in good faith, and found to be untrue, shall subject the party pleading them to the payment of reasonable…