Majority
p. 250Gottesman Company, Appellant, v Keystone Enterprises, Inc., et al., Respondents. [796 NYS2d 915]
Order, Supreme Court, New York County (Charles Edward Ramos, J.), entered January 14, 2005, which, to the extent appealed from, denied plaintiffs motion for sanctions, unanimously affirmed, without costs.
Under the circumstances, it cannot be said that the motion court improvidently exercised its discretion in refusing to impose sanctions. Concur—Tom, J.P., Saxe, Marlow, Ellerin and Catterson, JJ.