Fishoff Family Foundation v. Frydman

Orders, Supreme Court, New York County (Saliann Scarpulla, J.), entered October 22, 2015, which, insofar as appealed from, denied defendants’ motion for sanctions, unanimously affirmed, with costs.

Insofar as relevant here, to be liable for sanctions, a party or attorney must knowingly submit or sign pleadings or papers containing materially false statements of fact (Rules of Chief Admin of Cts [22 NYCRR] § 130-1 et seq.). Whether to impose sanctions, even in such a case, is left to the discretion of the court (see e.g. Weisburst v Dreifus, 89 AD3d 536 [1st Dept 2011]). Here, plaintiffs stated…