Legal Opinion

Gabrelian v. Gabrelian

Appellate Division of the Supreme Court of the State of New York

Decided May 20, 1985PublishedCited by 72 opinions

1Opinion of the Court

OPINION OF THE COURT

Bracken, J.

While inherent power resides in the courts of record in this State to impose financial sanctions upon parties or their attorneys who engage in abusive litigation practices, based upon the circumstances of the case before us we conclude that Special Term’s exercise of its inherent power constituted an improvident exercise of discretion and, therefore, the order, insofar as it imposed such a sanction, must be reversed.

For purposes of this appeal, the pertinent facts may be simply stated. Plaintiff wife was granted a judgment of divorce in 1975 *446on the ground of…

2Cases cited67 opinions

  1. Link v. Wabash RailroadSupreme Court of the United States · 1962
  2. Roadway Express, Inc. v. PiperSupreme Court of the United States · 1980
  3. Shillitani v. United StatesSupreme Court of the United States · 1966
  4. Eichelberger v. EichelbergerTexas Supreme Court · 1979
  5. City of Buffalo v. J. W. Clement Co.New York Court of Appeals · 1971

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3Cited by72 opinions

  1. A. G. Ship Maintenance Corp. v. LezakNew York Court of Appeals · 1986
  2. Gordon v. MarroneAppellate Division of the Supreme Court of the State of New York · 1994
  3. Birnbaum v. BirnbaumAppellate Division of the Supreme Court of the State of New York · 1990
  4. Wehringer v. BranniganAppellate Division of the Supreme Court of the State of New York · 1996
  5. Alvarez v. SnyderAppellate Division of the Supreme Court of the State of New York · 2000

67 more not listed; retrieve them via the Exa API.

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