Fitzsimmons v. Pryor Cashman LLP, 651360/10
- Appellate Divison, First Department
- Gonzalez, P.J., Tom, Catterson, Richter and Román, JJ.
Cite as: Fitzsimmons v. Pryor Cashman LLP, 651360/10, NYLJ 1202578472657, at *1 (App. Div., 1st, Decided November 13, 2012)
Gonzalez, P.J., Tom, Catterson, Richter and Román, JJ.
Decided November 13, 2012
An order of this Court having been entered on July 31, 2012 (M-1481/M-1866), denying defendants-appellants' motion for leave to appeal to the Court of Appeals from the decision and order of this Court entered on March 15, 2012 (Appeal No. 6072), and denying plaintiffs-respondents' cross motion for the imposition of costs and attorneys fees, with leave to renew, as indicated, And plaintiffs-respondents having renewed their application for the imposition of costs and attorneys fees for frivolous conduct pursuant to 22 NYCRR 130-1.1 of the Rules of the Chief Administrator.
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted, and defendantsappellants are directed to pay to plaintiffs-respondents the sum of $21,270.38 representing the attorneys fees and costs incurred by them in opposition to the motion (M-1481) for leave to appeal to the Court of Appeals. The motion by defendants-appellants for leave to appeal to the Court of Appeals was their second motion seeking identical relief, and insofar as the denial of the first motion made it clear that their arguments were without merit and unavailing, the second motion, raising substantially identical arguments, was therefore completely without merit in law, could not be supported by a reasonable argument for an extension, modification or reversal of existing law, and was thus frivolous.