================================================================= This memorandum is uncorrected and subject to revision before publication in the New York Reports. ----------------------------------------------------------------- No. 69 SSM 29 In the Matter of 155 West 21st Street, LLC, Appellant, et al., Petitioner, v. Alistair McMullan, Respondent, et al., Respondent.

Submitted by Nathaniel Z. Marmur, for appellant.

Submitted by Gregory Sheindlin, for respondent McMullan.

* * * * * * * * * * * * * * * * * On review of submissions pursuant to section 500.11 of the Rules, order reversed, with costs, and respondent's cross motion for sanctions, costs, and attorneys' fees denied. Under these circumstances, the Appellate Division abused its discretion in imposing sanctions for frivolous conduct. Chief Judge Lippman and Judges Read, Pigott, Rivera and Abdus-Salaam concur.

Decided January 8, 2015