Fontanella v. Fontanella

Order, Supreme Court, New York County (Kristin Booth Glen, J.), entered on or about July 25, 1989, which conditioned the denial of plaintiffs motion to strike defendant’s testimony on defendant’s payment to plaintiffs counsel of $300 in attorney’s fees, unanimously modified, on the law, the facts, and in the exercise of discretion, and as so modified, affirmed.

The court was within its discretion in conditioning the denial of plaintiffs motion to strike defendant’s testimony upon defendant’s payment of plaintiffs attorney’s fees. (CPLR 3126.) Those fees were necessitated solely by defendant’s…