Bridgeport Capital Services, Inc. v. Ruby Tuesday, Inc.

OPINION OF THE COURT

Memorandum.

Order insofar as appealed from unanimously reversed without costs, the branches of defendant’s motion seeking dismissal of the complaint, restitution pursuant to CPLR 5015 (d) and imposition of sanctions granted, sanctions are imposed against plaintiffs counsel, Brian K. Condon, Esq., in the sum of $1,500 and against plaintiffs in the total sum of $1,000, and the branch of defendant’s motion seeking an award of costs granted and matter remanded to the court below for a determination as to the amount thereof.

Plaintiffs commenced the instant action to recover a…