Sanctions Imposed Against Tenant's Attorney for Frivolous Conduct

November 1, 1995

LVT Number: 10087

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and found that he was entitled to attorney's fees. At a hearing to determine the amount of the fees, tenant's attorney repeatedly asked for time to get the tape recordings of the trial to determine whether the fees hearing should go forward. The court told the attorney that the proper procedure was to appeal from the order awarding attorney's fees. Then, after the hearing had started, tenant's attorney disappeared for an hour to get the tapes despite the court's ruling against him on this issue.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and found that he was entitled to attorney's fees. At a hearing to determine the amount of the fees, tenant's attorney repeatedly asked for time to get the tape recordings of the trial to determine whether the fees hearing should go forward. The court told the attorney that the proper procedure was to appeal from the order awarding attorney's fees. Then, after the hearing had started, tenant's attorney disappeared for an hour to get the tapes despite the court's ruling against him on this issue. The court found the attorney's conduct frivolous and imposed a $1,000 fine. Tenant appealed and lost. The attorney's action was obviously undertaken primarily to delay the proceedings and wasn't supported by law or the facts.

Friedman v. Young: NYLJ, p. 29, col. 3 (10/23/95) (App. T. 2 Dept.; Scholnick, JP, Chetta, Patterson, JJ)

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