Rose Valley Joint Venture v. Apollo Plaza Associates

Appeal from an order of the Supreme Court (Bradley, J.), entered June 2, 1992 in Sullivan County, which denied third-party defendants’ motion for, inter alia, counsel fees.

Alleging that the claims contained in the third-party complaint were frivolous, third-party defendants moved for an order awarding costs and reasonable counsel fees and/or imposing sanctions, pursuant to CPLR 8303-a and 22 NYCRR 130-1.1. The motion was made on January 21, 1992, more than one year after entry of Supreme Court’s judgment dismissing the third-party complaint. That judgment was affirmed by this Court on…