Providian National Bank v. Niccolai

—Crew III, J.

Appeal from an order of the Supreme Court (Teresi, J.), entered January 20, 2000 in Albany County, which, inter alia, imposed sanctions upon defendant’s counsel.

Plaintiff commenced this breach of contract action alleging that defendant failed to make payments due pursuant to a credit card loan agreement. Defendant, represented by Andrew F. Capoccia Law Centers, L. L. C. (hereinafter Capoccia), answered and asserted as an affirmative defense that the complaint failed to state a cause of action. Following discovery, plaintiff moved for summary judgment. Defendant served an opposing…