Appellate Terms of the Supreme Court of New York, 2000

Providian National Bank v. McGowan

Appellate Terms of the Supreme Court of New York · Decided October 23, 2000

186 Misc. 2d 553; 720 N.Y.S.2d 709; 2000 N.Y. Misc. LEXIS 549

Counsel

APPEARANCES OF COUNSEL, Beldock Levine & Hoffman L. L. P., New York City (Melvin L. Wulf Brian E. Maas and Richard Supple of counsel), and Silverglate & Good, Boston, Massachusetts, for nonparty appellants. Forster & Garbus, Farmingdale (Glenn S. Garbus of counsel), for respondent.

Opinion of the Court

*554OPINION OF THE COURT

Memorandum.

Order, insofar as appealed from, unanimously modified by reducing the sanctions imposed against Andrew Capoccia Law Centers L. L. C. and Michael Scaptura to the sums of $3,500 and $1,500, respectively, and, as modified, affirmed without costs.

In our opinion, defendant’s affirmative defenses, counterclaims and opposition to the motion for summary judgment were “completely without merit in law” within the meaning of 22 NYCRR 130-1.1 (c) (1). Although we agree with the lower court’s findings, we are of the opinion that the sanctions imposed were excessive and should be reduced.

Aronin, P. J., Chetta and Patterson, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.