Legal Opinion

Bennett v. Towers

New York Supreme Court

Decided March 13, 2014Published

1Opinion of the Court

OPINION OF THE COURT

Daniel Palmieri, J.

The motion by defendants pursuant to CPLR 3211 and 3212 for an order dismissing the complaint and for summary judgment on their counterclaims, and pursuant to CPLR 8303 and 22 NYCRR 130-1.1 for sanctions for frivolous conduct is *664granted to the extent that the complaint is dismissed, summary judgment is granted on the first counterclaim for costs and attorney’s fees, and counsel for plaintiffs shall pay a sanction, as set forth herein.

Upon a search of the record, so much of the first counterclaim that seeks additional compensatory and punitive damages is…

2Cases cited20 opinions

  1. Rocanova v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1994
  2. Israel v. Wood Dolson Co.New York Court of Appeals · 1956
  3. Vucetovic v. Epsom DownsNew York Court of Appeals · 2008
  4. 600 West 115th Street Corp. v. Von GutfeldNew York Court of Appeals · 1992
  5. SHAD Alliance v. Smith Haven MallNew York Court of Appeals · 1985

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