Legal Opinion

Sholes v. Meagher

New York Court of Appeals

Decided June 10, 2003PublishedCited by 191 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

This appeal asks us to overturn the Appellate Division’s dismissal of an appeal taken as of right by an attorney and her law firm — nonparty appellants here — from a trial court order imposing sanctions for conduct the court deemed frivolous (see 22 NYCRR part 130). The Appellate Division dismissed the appeal because the sanctions resulted from the trial court’s sua sponte order, with no notice of motion (see CPLR 5701 [a] [2]). We now affirm.

On the sixth day of a personal injury jury trial in Suffolk County, the trial court (after taking a brief recess) announced from the…

3Cases cited3 opinions

  1. Village of Savona v. SolesAppellate Division of the Supreme Court of the State of New York · 1981
  2. Northside Studios, Inc. v. TreccagnoliAppellate Division of the Supreme Court of the State of New York · 1999
  3. Khoury v. KhouryAppellate Division of the Supreme Court of the State of New York · 2001

4Cited by191 opinions

  1. Mtr of Katherine B v. CataldoNew York Court of Appeals · 2005
  2. Parlux Fragrances, LLC v. S. Carter Enters., LLCAppellate Division of the Supreme Court of the State of New York · 2022
  3. Shields v. CarboneAppellate Division of the Supreme Court of the State of New York · 2012
  4. Ray v. Lee ChenAppellate Division of the Supreme Court of the State of New York · 2017
  5. Reade v. 405 Lexington, L.L.C.Appellate Division of the Supreme Court of the State of New York · 2005

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