Sarkar v. Pathak

Order, Supreme Court, New York County (Marilyn Shafer, J.), entered April 22, 2009, which, insofar as appealed from, granted plaintiffs’ cross motion for 22 NYCRR part 130 sanctions in the form of a costs award to be paid by defendant’s attorneys, unanimously reversed, on the law and the facts, with costs, and the cross motion denied.

Less than two months after issue was joined and before disclosure had commenced, defendant moved, inter alia, for summary judgment dismissing the complaint; plaintiffs cross-moved for sanctions against defendant and his attorney for making a frivolous motion.…