Summary
affirming imposition of CPLR § 8303 sanctions for frivolous action which, even if commenced in good faith, was continued long after the plaintiff's counsel knew it to be meritless
Summary of this case from Burgund v. Verizon N.Y. Inc.Opinion
February 26, 1990
Appeal from the Supreme Court, Queens County (Nahman, J.).
Ordered that the cross appeal is dismissed as abandoned; and it is further,
Ordered that the order is affirmed insofar as appealed from; and it is further,
Ordered that the defendant Robert Cestari is awarded one bill of costs, payable by the plaintiff's counsel personally.
A review of the record clearly establishes that this medical malpractice action, even if commenced in good faith, was continued long after the plaintiff's counsel knew that there was no basis to hold the defendant Dr. Robert Cestari at fault for any part of the plaintiff's cause of action and that the action should have been unconditionally discontinued as against him. Thus, the Supreme Court, having properly found that the continuation of this action against Dr. Cestari was frivolous, was mandated to grant Dr. Cestari's application for costs and reasonable attorneys' fees (see, CPLR 8303-a; Mitchell v Herald Co., 137 A.D.2d 213, 219-220).
We find no merit to the plaintiff's other contentions. Thompson, J.P., Lawrence, Kunzeman and Balletta, JJ., concur.