Hunts Point Terminal Produce Cooperative Ass'n v. New York City Economic Development Corp.

I concur with the majority’s view that there are no grounds upon which sanctions could be imposed against petitioner. I write separately on the issue of respondent Baldor’s ad hominem attack on petitioner’s counsel in the underlying CPLR article 78 proceeding.

In the context of the instant sanctions application, Baldor personally attacked the Cooperative’s counsel, asserting that he had “systematically brought similar baseless lawsuits” against city agencies “nearly identical” in their allegations to this case.

The mere fact that counsel often litigates before city agencies is irrelevant to the…