Appellate Division of the Supreme Court of New York, 1991

Morrison v. First Empire Funding Corp.

Morrison v. First Empire Funding Corp.
Appellate Division of the Supreme Court of New York · Decided July 12, 1991
175 A.D.2d 679
Morrison v. First Empire Funding Corp.

Opinion of the Court

— Order unanimously modified on the law and in the exercise of discretion and as modified affirmed without costs, in accordance with the following Memorandum: Supreme Court abused its discretion in requiring defendant to reimburse plaintiff for all future attorney’s fees and stenographic expenses as a condition of granting defendant’s cross motion to vacate the prior order of *680preclusion. The court has the ability to impose sanctions as a condition for vacating the default, but the sanctions imposed in this case are so open-ended and onerous that they will effectively deprive defendant of its ability to defend the action (see, Mairena v Charlemagne, 102 AD2d 814; Weinstein, Skoller & Kaye v Lynard Props., 79 AD2d 987; Montgomery Coal & Oil Co. v Fuss, 35 AD2d 817). Since an award of sanctions was appropriate in the circumstances of this case, we modify the court’s order to require defendant to pay plaintiff the sum of $1,000. (Appeals from Order of Supreme Court, Suffolk County, Hand, J. — Discovery.) Present — Callahan, J. P., Den-man, Green, Balio and Davis, JJ.

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