Lipp v. Port Authority of New York & New Jersey

OPINION OF THE COURT

Howard G. Lane, J.

*668Defendant moves by order to show cause for an order pursuant to CPLR 5015 (a) to vacate a default judgment entered in the Supreme Court for the County of Queens and plaintiffs cross-move for an order pursuant to 22 NYCRR 130-1.1 awarding plaintiffs’ counsel attorneys’ fees due to the frivolous conduct of defendant’s counsel.

A brief review of the procedural history of this case is required in order to properly address the issues presented herein. Plaintiff, Susan Lipp, claims she was injured on April 7, 2005 when she was caused to trip and fall as she was…