Chianese v. Fabiani

—Order, Supreme Court, New York County (Emily Goodman, J.), entered May 5, 1999, which, in an action under Judiciary Law § 487, granted so much of defendants’ motion as sought to dismiss the complaint for failure to state a cause of action, and denied so much of defendants’ motion as sought sanctions against plaintiffs attorney for instituting a frivolous lawsuit, unanimously affirmed, with costs to defendants payable by plaintiff.

The action, which alleges that defendants knowingly submit*142ted a false and/or forged affidavit in support of a motion for summary judgment made by their landlord…