Opinion
No. 23-051
11-17-2023
Yucca Holding Corp., Petitioner-Landlord-Appellant, v. Natalie Labarre, Rose Labarre, and Camile Labarre, Respondents-Occupants-Respondents, and "John Doe" and "Jane Doe," Respondents-Underoccupants.
Unpublished Opinion
PRESENT: Hagler, P.J., Tisch, J.
PER CURIAM.
Landlord, as limited by its brief, appeals from that portion of an order of the Civil Court of the City of New York, New York County (Jean T. Schneider, J.), dated November 4, 2021, which denied its motion for costs and sanctions pursuant to 22 NYCRR 130-1.1, in a holdover summary proceeding.
Order (Jean T. Schneider, J.), dated November 4, 2021, affirmed, with $10 costs.
Civil Court providently exercised its discretion in denying landlord's motion for costs and sanctions pursuant to the Rules of the Chief Administrator of the Courts (22 NYCRR) § 130-1.1. Contrary to landlord's contention, the conduct of respondents' counsel at the deposition, which involved directing his client not to answer three (arguably improper) questions, was not so egregious as to rise to the level of frivolous conduct sufficient to warrant the imposition of monetary sanctions and the award of legal fees and costs pursuant to 22 NYCRR § 130-1.1 (see Pinnock v Mercy Med. Ctr., 180 A.D.3d 1086, 1087-1088 [2020]). We note that the deposition was completed on a separate date and the questions were answered, without court intervention.