Jack v. Geihs

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in imposing costs and attorney’s fees of $500 pursuant to CPLR 8303-a. The record does not support a finding of bad faith on the part of the attorney for Doris S. Pulcini (defendant) and her decedent, Floyd J. Pulcini (see, CPLR 8303-a [c] [ii]; Lee v City of Rochester, 195 AD2d 1000, 1002; Penn Iron & Metal Co. v Gross, 192 AD2d 1059, 1060). Defendant’s attorney, whose office was in Buffalo, declined to withdraw an affirmative defense that the court…