Shelley v. Shelley

OPINION OF THE COURT

John P. DiBlasi, J.

The practice of opposing motions with a “knee-jerk” response including a cross motion for the imposition of sanctions against the moving party or counsel without any basis in law or fact has become an increasingly disturbing aspect of civil litigation. *277It has been recognized that a motion for sanctions in such circumstances is itself a form of frivolous conduct warranting the imposition of sanctions (see, Patterson v Balaquiot, 188 AD2d 275 [1st Dept 1992]; see also, Southern Blvd. Sound v Felix Storch, Inc., 167 Misc 2d 731, 732 [App Term, 1st Dept…