Appellate Division of the Supreme Court of New York, 1994

Gumowitz v. Mazoh

Gumowitz v. Mazoh
Appellate Division of the Supreme Court of New York · Decided March 1, 1994
202 A.D.2d 166; 608 N.Y.S.2d 192; 1994 N.Y. App. Div. LEXIS 1756
Gumowitz v. Mazoh

Opinion of the Court

Order, Supreme Court, New York County (Carol Arber, J.), entered July 9, 1993, which, inter alia, granted defendants-respondents’ motion for sanctions and denied plaintiffs’ cross motion for sanctions, unanimously affirmed, with costs.

The IAS Court did not abuse its discretion in imposing a sanction of $750 against plaintiffs for failing to answer responsively all of defendants’ interrogatories, where their motion for a protective order had previously been denied, and where they frivolously cross-moved for sanctions (22 NYCRR 130-1.1; see, Gabrelian v Gabrelian, 108 AD2d 445, 448, appeal dismissed 66 NY2d 741). Concur — Murphy, P. J., Sullivan, Carro, Wallach and Tom, JJ.

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