Kaplon-Belo Associates, Inc. v. D'Angelo

• Decision Date: 17 December 2010
• Citation: 912 N.Y.S.2d 886,79 A.D.3d 931
• Parties: KAPLON-BELO ASSOCIATES, INC., respondent, v. Frank D'ANGELO, et al., appellants.
• Court: New York Supreme Court — Appellate Division

912 N.Y.S.2d 886 79 A.D.3d 931 KAPLON-BELO ASSOCIATES, INC., respondent, v. Frank D'ANGELO, et al., appellants. Supreme Court, Appellate Division, Second Department, New York. Dec. 17, 2010.

The Nolan Law Firm, New York, N.Y. (William Paul Nolan of counsel), for appellants.

Ruskin Moscou Faltischek, P.C., Uniondale, N.Y. (E. Christopher Murray of counsel), for respondent.

In an action to recover a real estate brokerage commission, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Agate, J.), entered January 14, 2010, as denied their cross motion pursuant to 22 NYCRR 130-1.1 for the imposition of a sanction upon the plaintiff.

ORDERED that the order is affirmed insofar as appealed from, with costs.

Contrary to the defendants' contention, the Supreme Court providently exercised its discretion in denying their cross motion for the imposition of a sanction upon the plaintiff. The defendants failed to demonstrate that the plaintiff's conduct was frivolous within the meaning of 22 NYCRR 130-1.1(c) ( see 22 NYCRR 130-1.1; Riley v. ISS Intl. Serv. Sys., 304 A.D.2d 637, 757 N.Y.S.2d 593; Curcio v. Hogan Coring & Sawing Corp., 303 A.D.2d 357, 358-359, 756 N.Y.S.2d 269; Barco Auto Leasing Corp. v. Thornton, 298 A.D.2d 341, 751 N.Y.S.2d 204; cf. Mascia v. Maresco, 39 A.D.3d 504, 505-506, 833 N.Y.S.2d 207; Greene v. Doral Conference Ctr. Assoc., 18 A.D.3d 429, 795 N.Y.S.2d 252).

MASTRO, J.P., FISHER, ROMAN and SGROI, JJ., concur.