From Casetext: Smarter Legal Research

Dellafiora v. Dellafiora

Appellate Division of the Supreme Court of New York, Second Department
Apr 22, 1991
172 A.D.2d 715 (N.Y. App. Div. 1991)

Opinion

April 22, 1991

Appeal from the Supreme Court, Orange County (Fitzer, J.H.O.).


Ordered that the order and judgment is affirmed, with costs.

Contrary to the appellants' contentions, the plaintiff's express request for the imposition of attorneys' fees and sanctions pursuant to 22 NYCRR 130-1.1 et seq., furnished them with adequate notice that such relief would be considered and rendered a formal hearing unnecessary (see, 22 NYCRR 130-1.1 [d]; Matter of Minister, Elders Deacons of Refm. Prot. Dutch Church v. 198 Broadway, 76 N.Y.2d 411, 413, n; cf., Gerstein v. I Travel, 169 A.D.2d 492). Contrary to the appellants' further contentions, the Supreme Court sufficiently set forth in its decision the reasons for the imposition of attorneys' fees and sanctions, and there is no basis in the record to modify the sum awarded to the plaintiff's counsel as reasonable attorneys' fees, or the amount of sanctions directed to be paid to the appropriate fund to wit, the Lawyers' Fund for Client Protection, formerly the Client's Security Fund, pursuant to the court rules (see, 22 NYCRR 130-1.3) by the defendant's counsel for that counsel's frivolous conduct. Kunzeman, J.P., Kooper, Lawrence and O'Brien, JJ., concur.


Summaries of

Dellafiora v. Dellafiora

Appellate Division of the Supreme Court of New York, Second Department
Apr 22, 1991
172 A.D.2d 715 (N.Y. App. Div. 1991)
Case details for

Dellafiora v. Dellafiora

Case Details

Full title:JOHN DELLAFIORA, Respondent, v. BARBARA DELLAFIORA, Appellant, and ROSS P…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 22, 1991

Citations

172 A.D.2d 715 (N.Y. App. Div. 1991)
569 N.Y.S.2d 103

Citing Cases

Ward-Carpenter Engineers, Inc. v. Sassower

We find that the motion was properly denied, as the modification sought by the appellant did not involve a…

Principe v. Assay Partners

Mr. Clarke's actions were not compelled by any need to represent a client's position, but, rather, reflect…