Tracey v. Lord Baltimore Capital Corp.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Rockland County (O’Rourke, J.), entered September 13, 2001, which granted the defendant’s motion for summary judgment dismissing the complaint, denied his cross motion to strike the defendant’s second and third affirmative defenses on the ground that they are academic, and, sua sponte, imposed costs and an attorney’s fee against his attorney pursuant to CPLR 8303-a.

Ordered that the appeal from so much of the order as, sua sponte, imposed costs and an attorney’s fee against the…