Fontani v. Hershowitz

In an action, inter alia, to recover damages for fraud and intentional infliction of emotional distress, the plaintiff appeals from an order of the Supreme Court, Kings County (Dowd, J), dated July 8, 2003, which, inter alia, granted the defendants’ cross motion for summary judgment dismissing the complaint and to impose a sanction, in effect, pursuant to 22 NYCRR 130-1.1 based upon frivolous conduct.

Ordered that the order is modified, on the facts, by deleting *637the provision thereof granting that branch of the cross motion which was to impose a sanction, in effect, pursuant to 22 NYCRR…