Day v. NYP Holdings, Inc.

Order, Supreme Court, New York County (Franklin Weissberg, J.), entered on or about January 17, 2001, which imposed a sanction of $1,000 on nonparty attorney Denise Rubin for misconduct in court, unanimously reversed, on the law and the facts, without costs, and the sanction vacated.

Nonparty appellant is the attorney for defendants in this personal injury action. The record reflects a case fraught with acrimony and vituperation between opposing counsel. Against this backdrop, counsel appeared before Judge Weissberg to argue a motion and cross motion relating to discovery. The Judge informed…