Majority
In an action to recover on certain promissory notes, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Warshawsky, J.), entered August 5, 2008, as denied their motion for an award of costs and to impose a monetary sanction against the defendants’ former attorneys pursuant to 22 NYCRR 130-1.1.
Ordered that the order is affirmed insofar as appealed from, with costs.
Contrary to the plaintiffs’ contention, the Supreme Court providently exercised its discretion in denying their motion for an award of costs and to impose a monetary sanction upon the defendants’ former attorneys (hereinafter the nonparty respondents) (see Davey v Davey, 44 AD3d 701 [2007]; Nieves v City of New York, 35 AD3d 557 [2006]; Riley v ISS Inti. Serv. Sys., 304 AD2d 637 [2003]). The record supports the Supreme Court’s conclusion that the nonparty respondents did not engage in frivolous conduct within the meaning of 22 NYCRR 130-1.1 (c) (2) (see Glenn v Annunziata, 53 AD3d 565 , 566 [2008]; Beatie v DeLong, 164 AD2d 104 , 107-109 [1990]; Dillenberger v 74 Fifth
Cases cited
- Davey v. Davey 44 AD3d 701 p. 964
- Nieves v. City of New York 35 AD3d 557 p. 964
- Riley v. ISS International Service System, Inc. 304 AD2d 637 p. 964
- Glenn v. Annunziata 53 AD3d 565 at 566 p. 964
- Beatie v. DeLong 164 AD2d 104 at 107-109 p. 964
- Yan v. Klein 35 AD3d 729 at 729-730 p. 965
- O'Neill v. Ho 28 AD3d 626 at 627 p. 965
- Jacobs v. Macy's East, Inc. 17 AD3d 318 at 320 p. 965
- Curcio v. J.P Hogan Coring & Sawing Corp. 303 AD2d 357 at 358-359 p. 965
- Barco Auto Leasing Corp. v. Grant Thornton, LLP 298 AD2d 341 p. 965