Appellate Division of the Supreme Court of New York, 2002

Nagel v. Gammerman

Nagel v. Gammerman
Appellate Division of the Supreme Court of New York · Decided April 16, 2002
293 A.D.2d 347; 741 N.Y.S.2d 851; 2002 N.Y. App. Div. LEXIS 3888
Nagel v. Gammerman

Opinion of the Court

Petitioner’s motions for certified transcript of record of certain proceedings (M-6919) and stay (M-7222) are denied. Respondent Andrew Lavoott Bluestone’s cross motion (M-7058) for sanctions pursuant to 22 NYCRR 130-1.1 is granted and petitioner is directed to pay $500 as sanctions to the Lawyers’ Fund for Client Protection. The Clerk of the Supreme Court, New York County, is directed to enter judgment in the amount of $500 in accordance with 22 NYCRR 130-1.3, said amount to be paid forthwith. We find such sanction is warranted by petitioner’s pursuit of this matter which is “completely without merit in law” (22 NYCRR 130-1.1 [c] [1]), and by vexatious and abusive manner in which this pursuit was undertaken (22 NYCRR 130-1.1 [c] [2]; see also Todtman, Young, Tunick, Nachamie, Hendler, Spizz & Drogin v Richardson, 247 AD2d 318, lv dismissed 91 NY2d 1003). Concur— Williams, P.J., Nardelli, Wallach and Friedman, JJ.

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