Birnbaum v. Birnbaum

—Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: In this proceeding brought by respondent Saul Birnbaum seeking disqualification of petitioner’s attorneys, the court erred insofar as it awarded attorneys’ fees and expenses to those parties opposing the motion. A court has no inherent authority to impose attorneys’ fees or other monetary sanctions as a penalty for frivolous litigation. "Under the general rule, attorneys’ fees and disbursements are incidents of litigation and the prevailing party may not collect them…