| Weisburst v Dreifus |
| 2011 NY Slip Op 08207 [89 AD3d 536] |
| November 15, 2011 |
| Appellate Division, First Department |
| Sanford Weisburst, Respondent, v Joanna Dreifus,Appellant. |
—[*1] Greenberg Traurig, LLP, New York (Leslie D. Corwin of counsel), for respondent.
Order, Supreme Court, New York County (Saralee Evans, J.), entered June 3, 2010, which,on plaintiff's motion, directed defendant, pursuant to 22 NYCRR 130-1.1, to pay plaintiff$35,500 in counsel fees, unanimously affirmed, without costs, and the matter remanded for entryof the award of costs as a judgment, pursuant to 22 NYCRR 130-1.2.
The court did not abuse its discretion in finding that defendant's underlying motion for anemergency stay contained "false charges [against plaintiff] that were expressed by means of atortured and very partial rendering of the facts that can only have been deliberately crafted tomislead" and was therefore frivolous within the meaning of 22 NYCRR 130-1.1 (see e.g. Rogovin v Rogovin, 27 AD3d233 [2006]). Concur—Mazzarelli, J.P., Catterson, Moskowitz, Renwick andAbdus-Salaam, JJ.