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Chu v. Green Point Savings Bank
Citations: 218 A.D.2d 781; 631 N.Y.S.2d 252; 1995 N.Y. App. Div. LEXIS 8986
Court: Appellate Division of the Supreme Court of the State of New York; August 28, 1995; New York; State Appellate Court
In a mortgage foreclosure action, sanctions and costs were imposed against Green Point Savings Bank and its counsel, the law firm of Cullen and Dykman, for pursuing a frivolous appeal. The court ordered the bank to pay $5,000 to the plaintiff and the law firm to pay $4,000 to the plaintiff for their conduct in the appeal. Additionally, the law firm was directed to pay $1,000 in sanctions to the Lawyers’ Fund for Client Protection of the State of New York. These decisions were made following a hearing on June 21, 1995, where it was confirmed that the appeal lacked merit in both fact and law, thus qualifying as frivolous under 22 NYCRR 130-1.1. The clerk of the Supreme Court, Queens County, was instructed to enter judgment accordingly. This ruling follows a prior decision affirming the original judgment of the Supreme Court, Queens County, dated January 11, 1994, which found the appeal to be without merit. The judges on the panel concurred in the decision.