Lynn v. Barnes & Noble, Inc.

Order, Supreme Court, New York County (William J. Davis, J.), entered on or about October 10, 1991, which, inter alia, denied defendant-appellant’s motion for summary judgment, and sanctioned defendant-appellant’s attorney $5000, unanimously affirmed insofar as appealed from, with costs.

For purposes of 22 NYCRR 130-1.2, the order appealed adequately sets forth the conduct on which the finding of frivolousness was based. Defendant-appellant’s purportedly "meritorious documents” supporting its motion for summary judgment, which consisted solely of the duplicitous and evasive testimony of its…