Benishai v. Benishai

Order and judgment (one paper), Supreme Court, New York County (Eileen A. Rakower, J.), entered September 29, 2010, which, insofar as appealed from, denied respondent’s motion for sanctions against petitioners’ attorneys nonparty Robert Garson, Esq., and the law firm of Garson, Segal, Steinmetz, Fladgate LLP (collectively, Garson), unanimously affirmed, with costs.

The denial of sanctions as against Garson was a provident exercise of the court’s discretion. Respondent failed to show that Garson’s actions in obtaining the ex parte temporary restraining order “were completely without merit, were…