You are here: / / PLAINTIFF SHOULD HAVE BEEN SANCTIONED FOR DISREGARDING A COURT ORDER AND...
,

PLAINTIFF SHOULD HAVE BEEN SANCTIONED FOR DISREGARDING A COURT ORDER AND SUBMISSION OF A MATERIALLY FALSE AFFIDAVIT.

The Fourth Department determined Supreme Court should have sanctioned plaintiff for disregarding a court order and submitted a materially false affidavit:

Pursuant to 22 NYCRR 130-1.1 (a), a court may award to any party fees and costs resulting from frivolous conduct, i.e., conduct that is “completely without merit in law and cannot be supported by a reasonable argument for an extension, modification or reversal of existing law; . . . [or that is] undertaken primarily to delay or prolong the resolution of the litigation, or to harass or maliciously injure another; or . . . asserts material factual statements that are false” (22 NYCRR 130-1.1 [c]). Factors to consider in determining whether the conduct undertaken was frivolous include “the circumstances under which the conduct took place,” and whether “the conduct was continued when its lack of legal or factual basis was apparent, should have been apparent, or was brought to the attention of counsel or the party” (id.).

Here, plaintiff’s conduct was clearly frivolous inasmuch as she submitted an affidavit that disregarded a court order and, in response to a second order, she submitted a second affidavit that contained a material falsehood. When that conduct is viewed along with plaintiff’s failure to comply with discovery demands and other orders, we conclude that it was an abuse of discretion for the court to refuse to sanction plaintiff. Place v Chaffee-Sardinia Volunteer Fire Co., 2016 NY Slip Op 06588, 4th Dept 10-7-16

 

CIVIL PROCEDURE (PLAINTIFF SHOULD HAVE BEEN SANCTIONED FOR DISREGARDING A COURT ORDER AND SUBMISSION OF A MATERIALLY FALSE AFFIDAVIT)/FRIVOLOUS CONDUCT (PLAINTIFF SHOULD HAVE BEEN SANCTIONED FOR DISREGARDING A COURT ORDER AND SUBMISSION OF A MATERIALLY FALSE AFFIDAVIT)/SANCTIONS (PLAINTIFF SHOULD HAVE BEEN SANCTIONED FOR DISREGARDING A COURT ORDER AND SUBMISSION OF A MATERIALLY FALSE AFFIDAVIT)

You might also like
DEFENDANT’S MOTION FOR SUMMARY JUDGMENT ON THE LABOR LAW 241 (6) CAUSE OF ACTION SHOULD HAVE BEEN GRANTED, DEFENDANT DEMONSTRATED IT WAS NOT AN AGENT OF THE OWNER OR GENERAL CONTRACTOR (FOURTH DEPT).
PETITIONER SEX OFFENDER HAD THE RIGHT TO APPEAL FROM A RULING WHICH GRANTED RELIEF REQUESTED IN THE ALTERNATIVE BUT DENIED THE MORE COMPLETE RELIEF REQUESTED, EVIDENCE SUPPORTED FINDING THAT PETITIONER SUFFERED FROM A MENTAL ABNORMALITY AND REQUIRED A REGIMEN OF STRICT AND INTENSIVE SUPERVISION AND TREATMENT (SIST) (FOURTH DEPT).
JUROR MISCONDUCT, INCLUDING COMMUNICATIONS WITH THIRD PARTIES AND WEB BROWSING IN VIOLATION OF THE JUDGE’S ADMONITIONS, WARRANTED A NEW TRIAL IN THIS MURDER CASE (FOURTH DEPT).
Fall from Flatbed Truck Was Covered by Labor Law 240 (1)—Fall Caused by Gravity Acting On Plywood Being Hoisted from the Truck
THE RECORDED CONVERSATION BETWEEN THE 15-YEAR-OLD DEFENDANT AND HIS FATHER IN THE POLICE INTERVIEW ROOM IS PROTECTED BY PARENT-CHILD PRIVILEGE AND SHOULD HAVE BEEN SUPPRESSED (FOURTH DEPT).
Court’s Limited Role Re: Contract with Arbitration Clause Explained
DEFENDANT’S HOME WAS CONSTRUCTED ABOUT EIGHT FEET FROM THE PROPERTY LINE VIOLATING THE COVENANT OR RESTRICTION REQUIRING TEN FEET; PLAINTIFF, AFTER A BALANCING OF THE EQUITIES, WAS NOT, HOWEVER, ENTITLED TO EQUITABLE RELIEF (FOURTH DEPT).
FAILURE TO APPRISE COUNSEL OF THE CONTENTS OF A JURY NOTE WAS A MODE OF PROCEEDINGS ERROR REQUIRING REVERSAL (FOURTH DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

COUNTY COURT DID NOT HAVE THE POWER, ON APPEAL FROM A SMALL CLAIMS COURT JUDGMENT,... STATE CANNOT BE REQUIRED TO PAY FOR LIABILITY INSURANCE FOR CLAIMANT’S...