Yan v. Klein
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for defamation, the plaintiff appeals from a judgment of the Supreme Court, Queens County (Grays, J), dated May 5, 2004, which, after a hearing, and upon an order of the same court dated February 5, 2004, granting that branch of the defendants’ motion which was, in effect, for costs pursuant to 22 NYCRR 130-1.1 for frivolous conduct, is in favor of the defendants and against him.
Ordered that the judgment is affirmed, with costs.
Conduct is frivolous under 22 NYCRR 130-1.1 if it is completely without merit and cannot be supported by a reasonable…
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