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Lynn v. Barnes Noble, Inc.

Appellate Division of the Supreme Court of New York, First Department
Jan 5, 1993
189 A.D.2d 560 (N.Y. App. Div. 1993)

Opinion

January 5, 1993

Appeal from the Supreme Court, New York County (William J. Davis, J.).


For purposes of 22 NYCRR 130-1.2, the order appealed adequately sets forth the conduct on which the finding of frivolousness was based. Defendant-appellant's purportedly "meritorious documents" supporting its motion for summary judgment, which consisted solely of the duplicitous and evasive testimony of its officer, hardly provided the basis for a meritorious summary judgment motion, and the timing of the motion, upon the heels of defendant's willful refusal to comply with the IAS Court's July 10, 1991 order compelling that officer's appearance at deposition to answer questions previously propounded, merely highlights defendant's intention to vex and hinder plaintiff in her attempts to move the case forward. Given these circumstances, sanctions in the amount awarded were justified.

Concur — Sullivan, J.P., Milonas, Kupferman and Ross, JJ.


Summaries of

Lynn v. Barnes Noble, Inc.

Appellate Division of the Supreme Court of New York, First Department
Jan 5, 1993
189 A.D.2d 560 (N.Y. App. Div. 1993)
Case details for

Lynn v. Barnes Noble, Inc.

Case Details

Full title:MARY E. LYNN, Respondent, v. BARNES NOBLE, INC., Defendant, and…

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

Date published: Jan 5, 1993

Citations

189 A.D.2d 560 (N.Y. App. Div. 1993)

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