Draliuk v. Ferretti
Court: Appellate Division of the Supreme Court of the State of New York; November 26, 1995; New York; State Appellate Court
In a personal injury damages action, the plaintiffs appealed a Supreme Court order from May 24, 1994, which imposed a $500 sanction on their attorney payable to the Lawyers’ Fund for Client Protection of the State of New York. The appellate court reversed this portion of the order, determining that the original court failed to specify the conduct warranting sanctions, explain why the conduct was deemed frivolous, or justify the appropriateness of the sanction amount. The matter has been remitted to the Supreme Court, Kings County, for a reevaluation of potential sanctions against the plaintiffs’ attorney, adhering to the stipulations outlined in 22 NYCRR part 130. Concurrence was noted among the judges: Balletta, J.P., Rosenblatt, Pizzuto, Joy, and Altman, JJ.