Edwards v. Edwards
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Sullivan, J. P.
This is an appeal from an order imposing monetary sanctions and costs in the total amount of $10,000 for frivolous conduct against the attorney who formerly represented the wife in a matrimonial action, based on his alleged refusal voluntarily to withdraw from representing the wife after having been confronted with an accusation of being sexually involved with her.1 We hold that where the conduct claimed to be frivolous consists of the refusal of a party or an attorney to perform a particular act, e.g., voluntary withdrawal as counsel, the party who sought…
2Cases cited8 opinions
- S & S Hotel Ventures Limited Partnership v. 777 S. H. Corp.New York Court of Appeals · 1987
- Roy v. HartogsAppellate Terms of the Supreme Court of New York · 1976
- Schulz v. Washington CountyAppellate Division of the Supreme Court of the State of New York · 1990
- In the Matter of WoodIndiana Supreme Court · 1976
- Matter of Disciplinary Proceedings Against GibsonWisconsin Supreme Court · 1985
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3Cited by5 opinions
- In Re HeardWashington Supreme Court · 1998
- Sanders v. RosenNew York Supreme Court · 1993
- Patterson v. BalaquiotAppellate Division of the Supreme Court of the State of New York · 1992
- Bayer v. BayerAppellate Division of the Supreme Court of the State of New York · 2011
- In re the Disciplinary Proceeding Against HeardWashington Supreme Court · 1998