Nowak v. Walden

In an action, inter alia, to recover damages for breach of contract and fraud, Michael Joseph J. Barnas appeals from a judgment of the Supreme Court, Nassau County (Roncallo, J.), dated July 30, 1990, which, after a nonjury trial, imposed sanctions and costs upon him for frivolous conduct.

Ordered that the judgment is reversed, as a matter of discretion, without costs or disbursements, and sanctions and costs are denied.

The Supreme Court improvidently exercised its discretion in sanctioning the appellant for frivolous conduct (see, 22 NYCRR 130-1.1 [a]; Miller v John A. Keeffe, P. C., 164 AD2d…