JALOR GRAPHICS v. Universal

• Decision Date: 05 June 2002
• Citation: 743 N.Y.S.2d 801,191 Misc.2d 653
• Parties: JALOR COLOR GRAPHICS, INC., Respondent,<BR>v.<BR>UNIVERSAL ADVERTISING SYSTEMS, INC., Appellant.
• Court: New York Supreme Court

191 Misc.2d 653
743 N.Y.S.2d 801

JALOR COLOR GRAPHICS, INC., Respondent,
v.
UNIVERSAL ADVERTISING SYSTEMS, INC., Appellant.

June 5, 2002.

Aytan Y. Bellin PLLC, New York City, for Fred Rosenberg, nonparty appellant.

Frank Taddeo, Jr., New York City, for respondent.

SUAREZ, P.J., McCOOE and GANGEL-JACOB, JJ., concur.

[191 Misc.2d 654]

OPINION OF THE COURT

Per Curiam.

Appeals from orders dated December 27, 1999 and January 21, 2000 imposing part 130 (22 NYCRR 130-1.1) sanctions upon defense counsel, dismissed, without costs.

Appeal from order dated December 27, 1999 denying defendant's motion for an award of sanctions and other relief, dismissed, without costs, as abandoned.

Defendant was not aggrieved by and thus cannot challenge the imposition of sanctions on its attorney (see, CPLR 5511; Scopelliti v Town of New Castle, 92 NY2d 944; Warm v State of New York, 265 AD2d 546), and, in any event, any right that defendant may have had to a direct appeal from the sanctions orders lapsed upon the entry of the subsequent, unappealed judgment (see, Matter of Aho, 39 NY2d 241, 248; Kirby v Turner Constr. Co., 286 AD2d 618). Even were the sanctions orders reviewable, we would find no abuse of discretion in the sanctions awards against defense...