Appellate Division of the Supreme Court of New York, 1996

Dime Savings Bank of New York v. Zangiacomi

Dime Savings Bank of New York v. Zangiacomi
Appellate Division of the Supreme Court of New York · Decided March 4, 1996
225 A.D.2d 515; 638 N.Y.2d 773; 638 N.Y.S.2d 773; 1996 N.Y. App. Div. LEXIS 1919
Dime Savings Bank of New York v. Zangiacomi

Opinion of the Court

The Supreme Court improvidently exercised its discretion in imposing sanctions against the plaintiffs counsel. The Supreme Court imposed sanctions on the ground that in making an application for a default judgment, counsel failed to comply with the technical requirements of CPLR 3215 (f) and (g) (3). Although the court may have warned counsel in previous unrelated actions about the necessity of complying with these sections, we nevertheless find that such conduct does not amount to "[fjrivolous conduct” as defined by 22 NYCRR 130-1.1 (c). Rosenblatt, J. P., Sullivan, Copertino, Santucci and Goldstein, JJ., concur.

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