Cplr 8303

Cplr 8303

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cplr 8303 (Dkt. 2. In a decision dated January 30, 2014, this Aug 15, 2002 · There is also a request for an additional allowance of $300. CPLR § 8303-a(a) permits the court to award attorneys’ fees to a prevailing party, where the losing party has filed frivolous claims and/or counterclaims. Humeniuk@adelaide. Claiming authorities, typically district attorneys’ offices; and claiming agents, typically police departments and sheriffs’ offices, are required to report to DCJS the value of assets seized and the distribution of those assets under a specific formula outlined in CPLR 13-A. Universal Citation: NY CPLR § 8303-A (2012) § 8303-a. New York Civil Practice Law and Rules CVP NY CPLR Section 8003. Read the code on FindLaw Nov 24, 2019 · Meyer, 2019 NY Slip Op. CM-73586, was filed by Claimant and seeks $250. J. Assessing penalties of $500 per advertisement pursuant to Education Law § 224. 1 (see Schwartz v Sayah, 72 AD3d 790, 792 [2010]; Greco v Christoffersen, 70 AD3d 769, 770-771 [2010]; Yankee Trails v Jardine Ins. Section 8303-a of the civil practice law and rules is amended by 53 adding a new subdivision (d) to read as follows: 54 (d) The provisions of this section shall not apply to actions governed 55 by article seventeen-B of the general business law. CUSHMAN & WAKEFIELD Motion No. 's Reply Memo. Look at our top NSN parts List 5330-01-165-1354, 4730-01-518-1980, 5330-01-518-2065, 2920-00-657-4475, 4810-01-349-3795 and choose your required parts item such as Gasket, Coupling Clamp Pipe, Ignition Unit, Actuator Electro Pneum, Elbow Pipe then submit an instant RFQ for a quick, competitive quote. 27 (defaults at calendar call or conference) v. Mar 14, 2017 · The moving defendant refused, moved for summary judgment, and requested attorney fees for commencement or continuance of a frivolous action under CPLR §8303-a. Re: Blue Back preparation for forms/papers. P. Section 8303 (a) of the CPLR, relating to an additional allowance in the court's discretion in certain actions, shall apply in this court to an action within its jurisdiction which falls within CPLR § 8303 (a). How and why was Rule 130 enacted and what is its relationship to CPLR 8303 (a)? 6. CPLR Article 34 •22 NYCRR 202. ac 76005 2017-01-05 18:34:07Z ucko $ # Derived from configure. The decision will be published Wednesday. The New York Wrongful Death Statute can be found in the Estate Powers and Trust Law (EPTL), Article 5, Part 4, EPTL 213-217. CPLR 8303 (subd [a], par 2) provides for a discretionary allowance "to any party to a difficult or extraordinary case, where a defense has been interposed" limited to "a sum not exceeding five per cent of the sum recovered or claimed, or of the value of the subject matter involved, and not exceeding the sum of three thousand dollars". legations in the petition (see,CPLR 404 [a]; Matter of Huber v Mones, 235 AD2d 421). Murphy found in Dunn v. 1! SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------x JOSEPH RAKOFSKY and RAKOFSKY LAW FIRM, P. (CPLR 3019; 3013. Cplr Agency. Similarly, the creditor may seek an order under CPLR § 8303(b) to enter a separate judgment against the non-compliant party equal to 5% of the underlying judgment. May stating that before the fee request could be considered it needed to know whether counsel had an agreed fee with the Bank for foreclosure actions and if not, an affirmation that the Bank would be billed a sum at pursuant to CPLR 8303-a and 22 NYCRR part 130. 225'' (Short) (4) N Scale Model Train Coupler #130012 Tichy-Train Boom Car Kit N Scale Model Train Freight Car #2701 Oct 01, 2019 · Effective as of December 28, 2018, CPLR 4511(c) creates a rebuttable presumption that the court can take judicial notice of Google Maps/Google Earth images and maps. 1; NY CPLR 8303-a. Y. Petitioner Miriam Snyder seeks to recover damages for the below personal injuries inflicted due to the Respondents frivolous claims pursuant to CPLR 8303-a and Part 130 for frivolous claims and ic,opto cplr photodarl 4n33 dip6 295085 fuse,2a 250v sb 5x20 27000049 filter,cut off,418nm,fsa426 genetic analyzer 100-120v 310 3101r 28000006 washer,split,#4,ss/cr 295024 fuse,4a 250v sb 1/4x1 1/4 295098 fuse,10a 125v fb pcb mnt 28000045 washer,flat #6 ss/cr 285006. Meanwhile, plaintiffs' counsel generally argues that the claims are legally sufficient, timely, that Wu was properly served and that sanctions are not warranted. Khan, 5494/05, that there was "no basis to hold [Ms. Opposing Parties 3. 00 is hereby awarded to the Plaintiff in addition to costs with interest at the legal rate from the date of entry of the judgment hereof as per CPLR §8303(a)(1). g. com. Presuit Communications, Demands, and Notices A. S. Brokers Inc. 1(a), unanimously affirmed, without costs. C. En este sentido, dejamos sentado que Venezuela Política respalda sus informes con documentos y citas de fuentes vinculadas directamente con la industria petrolera (PDVSA y CITGO). defined in CPLR § 105(f) •residential foreclosures as defined in RPAPL §1304 Mandatory: •all actions except-CPLR Art. Discussion On a motion to dismiss pursuant to CPLR § 3211, the pleading is to be afforded a liberal construc­ tion (Leon v. E-filing would have been more efficient, andpreserved limited judicial We also sought sanctions and fees pursuant to New York CPLR section 8303-a for maintaining a frivolous lawsuit. Practical Purposes C. Nov 28, 2018 · In an effort to prevent frivolous actions, CPLR §8303-a(a) and 22 NYCRR 130-1. Bill Of Costs Form. , with a practice focus on real estate and corporate litigation, employment and regulatory compliance. Mr. 1 denied where plaintiff’s affidavit filed in response to motion for summary judgment by third-party plaintiff stated that he was injured when hit by boxes being carried by third-party defendant and defendants’ stipulation to discontinue against third-party May 16, 2011 · (See CPLR section 8303-a and 22 NYCRR 130-1. Costs upon frivolous claims and counterclaims in actions to recover damages for personal injury, injury to property or wrongful death Search New York Codes Search by Keyword or Citation 8303 - Additional allowance in the discretion of the court. 00 against each respondent pursuant to CPLR §8303(a)(6); and. ERECTOR SETS Wilesco Steam Engines Stop on in!!! Hard to find ERECTOR SETS Only A fue left. The assertion of an unrelated counterclaim will result in a waiver of the defense of lack of personal jurisdiction. Nyitray v. How does Rule 130 define "frivolous conduct"? How does that definition relate to the Defendants" ) submit this memorandum in support of their motion, pursuant to CPLR $ 8303-a and 22 NYCRR $ 130-1. 04, p. 8) Awarding such other and further relief that this Court may deem appropriate and equitable, including injunctive and declaratory relief as may be required in the interests of justice. In addition, the DOCS Commissioner can revoke this limited credit time allowance for any disciplinary infraction or failure to successfully participate in the assigned work and treatment v. 1(c)(3), which may be awarded in instances where a party or attorney: 1) brings or proceeds in an action solely to delay, harass or maliciously injure another; 2) engages in frivolous litigation, defined as having no basis in CPLR 8303-a and 22 NYCRR 130-1. 11. 8134-025. Cwibeker] at fault for any part of the plaintiff's cause of action" arising out of a suicide and, thus, sanctions under CPLR §8303-a were appropriate. Sep 01, 2003 · CPLR 3103, entitled "Protective Orders," states, in pertinent part: (a) Prevention of abuse. Article 84 . (collectively, Aspen), counterclaims pursuant to CPLR 3016 (b), 3211 (a) (1), and 3211 (a) (7) and for sanctions pursuant to 22 NYCRR 130-1. South Jersey Branch: 201 North Route 73 Winslow Township, NJ 08095 856-767-5900 civil costs law and practice Oct 09, 2020 Posted By John Grisham Public Library TEXT ID a28d67bf Online PDF Ebook Epub Library laughing this entry was posted in legal costs by simon gibbs bookmark the permalink 5 you will be introduced to the legal framework including elements of the civil and Andrew M. to be frivolous by the court, the court shall award to the successful party costs pursuant to CPLR 8303-a and 22 NYCRR part 130. The defendant also moves for an order (Motion 02) staying discovery upon determination of the motion for summary judgment. Parenthetically it should be noted that Attorneys A and B, although voicing disagreement with C's motion, took no steps to prevent him from filing same. 90 State St Ste 700. CPLR 8303-a c. au Dr Vladimir Poznyak Management of Substance Dependence (MSB), Department of Mental Health & Substance Dependence (MSD) World Health Organization 20 Avenue Appia 1211 Geneva 27, Switzerland +41-22-791 48 51 (Fax) poznyakv@who. L 523-8303 PRODUCT LINK READY, AC 1. Plaintiff served defendants with an additional copy of the summons in compliance with CPLR 3215(g)(3)(iii). 5. 3d 482, 483 [2008]). 2014 link-belt 250x3lf long reach hydraulic excavator sn: eldk4-8303 Click Here For Video CAB, AC, RADIO, REAR VIEW CAMERA, 25' 2" STICK, 48" BUCKET, PATTERN CONTROL CHANGER, S/L DRIVE PEDAL New York, CPLR, preliminary motions, ex parte motions, emergency motions, stays, disclosure, reargue and renew, orders to show cause, notice of motion 142. the reasonable compensation of commissioners taking depositions; 3. CPLR § 8303(a)(6), there can be a fine of $2,000 per defendant, hardly the many hundreds of millions which settling defendants have agreed to pay to st op the investigations. Relief under CPLR 8303 (a) (2) is discretionary and the statute has been construed to not apply in negligence actions (McGrath v Irving, 24 A. Aug 09, 2019 · The creditor may also seek to have the non-compliant party pay fines or sanctions, including attorneys' fees and the costs incurred by the creditor in filing the contempt motion. CPLR 10. amend the answer pursuant to CPLR 3025(b) to assert an affirmative defense of lack of standing or capacity to sue; and sanctions pursuant to CPLR 8303­a and 22 NYCRR § 130­1. Defendants' counterclaim is dismissed for lack of stating a cause of action for which they seek relief. The costs should be assessed against the individual or entity the court finds responsible under the circumstances for the frivolous action. 1 awarding him sanctions payable by the plaintiffs and/or plaintiffs' attorney (Sequence No. Historical Note Sec. 1(a) allows for the recovery of counsel fees to a prevailing party where the other party asserted frivolous claims or counterclaims. Website; Quick Info Airways Magazine, publishing since 1994, reports daily news on the commercial aviation industry, including special events, analysis, and more. Dec 27, 2011 · In their answer, the defendants asserted two counterclaims. , Apr 01, 2013 · The official home page of the New York State Unified Court System. counterclaim for such relief is dismissed. Costs might be assessed against the party, the attorney, or both. Under Sections 1513 and 1514 of the Civil Practice Act, the court had discretion to grant an additional allowance to a party only where the case was both difficult and extraordinary. Learn about our industry-leading RF solutions Defendants Leviev Fulton Club, LLC, Fulton Club, LLC, Wonder Works Construction Corporation and Conway Stores, Inc. Bill Of Costs. constructionequipmentguide. Similarly, the court erred in imposing a sanction upon CPLR 3215(g)(3). In the same May 01, 2015 · COURT COUNTY OF : : : Plaintiff(s) -against: : : : : Defendant(s) COSTS for: Proceedings before Note of Issue is filed ($200) - CPLR § 8201(1). 1 for sanctions for frivolous conduct is granted to the extent that the complaint is dismissed, summary judgment is granted § 8301. 64 (Oct. , 80 AD2d 844, 844-845 [1981]). 31, 1988 eff. (hereinafter "Mac Laundry" ), Mar 06, 2008 · In awarding costs and fees to Ethel Cwibeker, Supreme Court Justice Karen V. have filed a “frivolous lawsuit” as defined in CPLR 8303 or Fed. A party to whom costs are awarded in an action or on appeal is entitled to tax his necessary disbursements for: 1. Notice Requirements E. ant to 22 NYCRR 130-1 and CPLR 8303-a. „- w g M o ct o cl. [a]) which permits motions on notice to be made in an adjoining county (see 2 Weinstein-Korn-Miller, N. is removed, and the amgnded- section now ,conforms with its predecessor-CPA b. Amount of costs on appeal to appellate division and appellate term. is removed, and the amgnded- section now ,conforms with its predecessor-CPA 10. 1 Serving copy summons & complaint CPLR §8011(c)1 §8301(d) 40. No. The ABA Defendants moved under subpart (c)(ii). Court County of Plaintiff(s) -against- Defendant(s) COSTS Costs Before Note of Issue CPLR § 8201 subd. A Oct 01, 2015 · Keywords: New York, civil litigation drafting, sanctions, costs, 22 NYCRR Part 130, CPLR 8303-a, CPLR 3126, frivolous litigation Suggested Citation: Suggested Citation Lebovits, Gerald, Drafting New York Civil-Litigation Documents: Part XLV — Motions for Sanctions and Related Costs (October 1, 2015). 8303-A - Costs upon frivolous claims and counterclaims in actions to recover damages for personal injury, injury to property or wrongful death. , 1992]). (a) Each employee who, on March 31, 1985, has completed five years or more of continuous service as defined by section 130. Realty USA, 121 AD3d 1336, 1340–1341 [2014], lv dismissed and denied 25 NY3d 1018 [2015]; Tsabbar v. 8303-a: Section 8303-a of the New York Civil Practice Law and Rules empowers a court to award costs and reasonable attorneys’ fees not exceeding $10,000 against any litigant found to have interposed a frivolous claim or defense either (1) in a lawsuit to recover damages for personal injury, property damage, or wrongful death or In addition, CPLR 8303(a) (1) has been amended so that the- provwgon -is -ffow expressly applicable oily where the action is to foreclose a mortgage on real property Thus, by this amend-thent, the iiconsistency with CPLR 8302 (ay (1). Jardine Ins. 173. ) While CPLR proceeding of $4,000 pursuant to CPLR §8303 (a) (6). Universal Citation: NY CPLR § 8302 (2012) Mar 02, 2016 · CPLR 8303-a(c). Mar 07, 2019 · 2018 was a banner year for CPLR amendments, with a relatively significant number of bills being signed into law. 8133-024. Since its creation in 1777, the state Assembly has helped shape history, often leading the way with progressive action and reform. ("A&S Group") moves, pursuant to CPLR § 3212, for summary judgment in its favor dismissing the complaint, and, pursuant to CPLR § 8303(a), for reasonable attorney's fees. filed Oct. Third-Party Witnesses 4. Granting petitioners such other and further relief as this Court deems just and proper. Communicating with Insurers NEW YORK STATE SUPREME COURT – QUEENS COUNTY and CPLR 8303-a to penalize specific frivolous conduct and the court, in its discretion may award attorney's fees and sanctions, under circumstances addressed by the rule and statutory provision. 1 are different “[O]rdering TSI to pay costs pursuant to CPLR § 8303(a)(6); “[T]ransferring the $250,000 bond TSI posted pursuant to GBL 622-a to the NYAG; and “[A]warding such other relief as the Court deems just and proper. Defendant opposes the claimant's motion. 77 € 9086: End Plug Cplry 1/16in Green: 1: 3. Mar 03, 2011 · New York's notice of pendency statute1 replaces the common law rule of lis pendens. com • December 4, 2013 • Page 3. 2d 370) and whether an award of discretionary costs pursuant to CPLR 8303(a)(6) is warranted. Disposition of (nfant Property CPLR 8303(aX5) Satisfaction pieceCPLR5020(n) Motion to Enforce judgment CPLR 8303(b) Transcripts and tiling CPLR 8021 Costsand SanctionsCPLR S303-a, Rute 130,I !Cerdfied copy ofjudgrnent CPLR8021 PostageCPLR 8301(a)(12) Appeat costs Jury FeeCPLR 80201cj Appeal to Appellate Term, CPLR 8203(a) Thus, CPLR § 8303-a requires "a showing that the plaintiff and counsel knew or should have known that the action lacked merit" (McGill v. Group, 220 A. , 145 Misc. $4. 1, 1989. is removed, and the amgnded- section now ,conforms with its predecessor-CPA CPLR Update Bridging the Gap | August 2018 CPLR 8303-a - Frivolous claims . . 1 for sanctions for frivolous conduct is granted to the extent that the complaint is Construction Group Inc. St. Pursuant to the Act, the personal representative of the estate has the right to sue for pecuniary loss on behalf of the distributees. This is FindLaw's hosted version of New York Consolidated Laws, Civil Practice Law and Rules. CPLR § 8303-a provides that "an action to recover damages for personal injury, injury to property or wrongful death, . 1) I never got a good answer from you guys. Page 1 of 2 Feb 03, 2017 · New York State Bar Association Continuing Legal Education Webcast—“CPLR Update 2017”—$135 for members, $235 for nonmembers—9 a. CONFLICT OF INTEREST A lawyer in New York must decline employment if the exercise of independent professional judgment on behalf of the client will be adversely affected. S. ind cam,control cam,propllr tube,fluid gear brush assy hsng & insrt dome,propllr dome & lug motor,altern lever supprt Title: NY_Part_II_V4. A The court also made reference to CPLR 8303-a, which grants authority to impose costs and reasonable counsel fees not exceeding $10,000 in "frivolous" dental, medical or podiatric malpractice actions. Although the length of the trial (five months) exceeded all expectations, the court finds no basis to award the additional allowance. Disclosure and Disclosure - Like Devices in the New York City Housing Court CONSTRUCTION EQUIPMENT GUIDE • www. , Pursuant to CPLR 8303-a, "in an action to recover damages for personal injury, injury to property or wrongful death," if the court finds that the action or a claim, counterclaim, defense or cross claim was frivolous when -3- 529950 to CPLR § 3212(b) seeking summary judgment dismissing the complaint and CPLR § 8303-a for costs and sanctions. order pursuant to CPLR 3211 (a) and 3212 granting summary judgment in favor of defendant Elm and for an order pursuant to CPLR 8303 -a awarding defendant Elm $10,000 in costs and reasonable at torneys ' fees is determined as provided herein. 4! II. 51 F3 front motor trk w/coil cplr. Go to CPLR 8303-a defines, in pertinent part, a frivolous claim as one “commenced, used or continued in bad faith, solely to delay or prolong the resolution of the litigation or to harass or CPLR 8303-a: Sanctions •Calendar Practice Issues in rules, including motion to vacate Note of Issue, 22 NYCRR 202. As the record CPLR 8303-a: Costs upon frivolous claims and counterclaims in actions to recover damages for personal injury, injury to property or wrongful death. 22 NYCRR Part 130, CPLR 8303-a, and CPLR 3126. We hear family matters, personal injury claims, commercial disputes, trust and estates issues, criminal cases, and landlord-tenant cases. , having moved this Court for an Order, pursuant to CPLR 3211, dismissing the first cause of action of plaintiff s complaint, and plaintiff Savoy Management Corporation, having cross-moved for an Order converting defendants First, the New York Civil Practice Law and Rules ("CPLR") allows the government an automatic stay, pending appeal, of all proceedings to enforce an adverse judgment or order. $ Proceedings after Note of Issue is filed and before trial ($200) - CPLR § 8201(2) . 26 (Pretrial Conferences), 202. Thus, the plaintiff is correct that the Supreme Court erred in basing its award on both CPLR 8303-a and 22 NYCRR part 130, and in awarding attorney's fees and costs in excess of the statutory limit set forth in CPLR 8303-a (see Zysk v Kaufman, Borgeest & Ryan, LLP, 53 AD3d 482, 483 [2008]). 19 (DCM) v. 1-130. Id. sions of CPLR 8303-a. ClaritySpring Securities,LLCand ClaritySpring Inc. Taxation of Costs . pursuant to CPLR § 8303(a)(6). Barbaro Claimant moves to dismiss the eight defenses in defendant's answer to claimant's action alleging loss of inmate personal property (Court of Claims Act 10). First, they sought the imposition of sanctions for frivolous litigation conduct under CPLR 8303–a and Rules of the Chief Administrator of the Courts (22 NYCRR) § 130–1. GPLR 8303 (a) (2), however, permits the court to award an additional Finally, CPLR § 8303 entitles the Attorney General's office to $2000. 20. 2 Affidavits & acknowledgments CPLR §8009 Appeal to Court of Appeals before argument CPLR §8204 subd. m. Patrick Spada (Mr. Add §399-ppp, Gen Bus L; amd §8303, CPLR Versions Introduced in Other Legislative Sessions: 2009-2010: S7713 2011-2012: S2909 2013-2014: S2497 2015-2016: S434. On February 3, 2015 the New York State Assembly continued making history by electing New York's first African American Assembly Jan 09, 2012 · The court held that both counterclaims should have been dismissed pursuant to CPLR 3211(a)(7) for failure to state a claim. 00 against each Defendant pursuant to CPLR § 8303(a)(6); and g. edu. Finally, petitioner's motion (004) to seal the records of this proceeding is denied. See Nov 28, 2018 · In an effort to prevent frivolous actions, CPLR §8303-a(a) and 22 NYCRR 130-1. 00 for each violation of GBL Article 22-A, pursuant to GBL § 350-d; f. directing that a money judgment be entered against Respondent in favor of Petitioners in the sum of Two Thousand Dollars ($2000) in costs against Respondent, pursuant to CPLR § 8303(a)(6); Jun 10, 2015 · attorney's fees. Br. We dealt with some of the major ones in the March 2018 (CPLR 203(g) and 214-a) and the October 2018 (CPLR 2305(d), 4540-a, 5003-b, and 7515) editions of the Digest. 1(c)(3), which may be awarded in instances where a party or attorney: 1) brings or proceeds in an action solely to delay, harass or maliciously injure another; 2) engages in frivolous litigation, defined as having no basis in View on Westlaw or start a FREE TRIAL today, § 12:322. As the record Child Abuse: New York Mandated Reporter Training - 2 Contact Hours This course follows the required curriculum and materials provided in the mandated reporter trainer's resource guide, identifying and reporting child abuse and maltreatment/neglect, which was developed by the research foundation of SUNY/BSC/C DHS. Lieb is the Managing Attorney of Lieb at Law, P. fees, pursuant to CPLR 8303-a (c) (i) and 22 NYCRR 130-1. Civil Procedure, Rule 11. Granting such other and further relief as the Court may deem just and proper. Every answer I got told me what I could do to get the answer, so please change that by giving me direct answers to my very specific questions. See November 28, 2012 Memorandum of Law ("Mov. You can award costs and fees and sanction and the shit out of people finding all charges “frivolous” as defined by section 8303-a of the CPLR, and an award of attorney’s fees premised on such a finding. 00 The motion by defendants pursuant to CPLR 3211 and CPLR 3212 for an order dismissing the complaint and for summary judgment on their counterclaims, and pursuant to CPLR 8303 and 22 NYCRR § 130-1. $ Additional allowances in (CPLR 8303-a). This is a New York form and can be use in General. Child Abuse: New York Mandated Reporter Training - 2 Contact Hours This course follows the required curriculum and materials provided in the mandated reporter trainer's resource guide, identifying and reporting child abuse and maltreatment/neglect, which was developed by the research foundation of SUNY/BSC/C DHS. Taxable disbursements. The affidavit of service by mail pursuant to CPLR §3215(g)(3) is attached hereto as exhibit _____. Sources for Investigation 1. Print the text (using your computer's printer) to the backer before you do anything else; you can find suitable text on the form that you filled out to dissolve the organiazation if you downloaded from the State's website. Costs and reasonable attorney’s fees can also be awarded for a frivolous claim or defense made during health care arbitrations (CPLR 7564(b)). 6. 4 n n. CPLR 8303(a)(2): Award of allowance in a difficult case. See CPLR §8303-a and Yankee Tails, Inc. Happy Hobby. John\u27s Law Review. By St. 35 € 9071: Clr 4. Question: Jan 21, 2012 · CPLR 8303-a(c)(ii). 1(c) rather than raising CPLR §8303-a applicable to frivolous claims in personal injury lawsuits which specifically defines frivolous as, inter alia, where “the action, claim, counterclaim, defense or cross claim was commenced or continued in bad faith without any reasonable basis in law or The latest motion before me, Cross-Motion No. Threatening Action D. 50. see NY CPLR § 8303-a; 22 NYCRR § 130-1. Prior to July 15, 2004, Intermix was known as eUniverse, Inc. 00 in costs pursuant to CPLR 8303-a; sanctions against defense counsel pursuant to 22 NYCRR 130-1. , Index # 105573/11 Defendants. Furthermore, if "an action to recover damages for personal injury, injury to property or wrongful death *** is found *** to be frivolous by the court, the court shall award to the successful party costs and reasonable attorney's fees not exceeding ten thousand dollars" (CPLR § 8303–a[a]; see also, Fed. cab interior LIMITED 8303-080. Jan 02, 2013 · SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JOSEPH RAKOFSKY and RAKOFSKY LAW 8303-a THE WASHINGTON POST COMPANY, et al. Div. Mar 06, 2008 · In awarding costs and fees to Ethel Cwibeker, Supreme Court Justice Karen V. The motion to dismiss Charges 1 through 5 was denied. CPLR 8303-a(c) (defining frivolous claims as, inter alia, claims asserted in bad faith, solely to delay or prolong the resolution of the litigation, or to harass or maliciously injure another, or claims asserted in bad faith without any reasonable basis in law or fact). 1 Paid for searches CPLR §8301(a)10 Appeal to App. h. 00 in costs when it prevails on its claims. CPLR 8303(a)(2): Award of Allowance in a Difficult Case . $0. CPLR $ 8303-a(c) (emphasis added). Albany, NY 12207-1707Map (518) 817-2520. CPLR Article 31 2 As a part of that determination, the court must decide two previously unaddressed issues, specifically whether the $10,000 specified in CPLR 8303-a applies to the case as a whole or permits a higher total costs in a case, and the treatment to be accorded a successful party when represented on a pro bono basis. 2015), Available CPLR 8303-a(c)(ii). PLEASE TAKE FURTHER NOTICE, that respondents' answer and affidavits in Jun 01, 2016 · Thus, the plaintiff is correct that the Supreme Court erred in basing its award on both CPLR 8303-a and 22 NYCRR part 130, and in awarding attorney's fees and costs in excess of the statutory limit set forth in CPLR 8303-a (see Zysk v Kaufman, Borgeest & Ryan, LLP, 53 A. (a) Unless the court awards a lesser amount, costs awarded on an appeal to the appellate division shall be in the amount of two hundred fifty dollars. 1 Certified copy ofjudgment CPLR 8021 $ 8. Find more Leominster Lawyers in the Justia Legal Services and Lawyers Directory which includes profiles of more than one million lawyers licensed to practice in the United States, in addition to profiles of legal aid, pro bono and legal service organizations. 3 [* 3] The court also granted that branch of the defendants' cross motion which was for an award of costs and attorney's fees pursuant to CPLR 8303-a(c). —Visit www mt765d tractor - ultra wide am/fm radio w/mp3 as is/as received autoguide mtg ar cab ar-dlx,dlx hvac,700 idler wts-8,1000 lbs,700 inboard handrail speaker, subwoofer, amplified 2369 gd 09/09/19 reverse alarm ecology drain: hyd reservoir sunvisor gp: rear impl case drain: p cplr engi ##### # $Id: configure. Disclosure and Disclosure - Like Devices in the New York City Housing Court If this Mortgage is foreclosed, the holder is entitled to recover reasonable attorney’s fees for foreclosure, in addition to statutory costs or disbursements and any additional or supplemental allowance made pursuant to CPLR Section 8303 or other authority. Sitemap Request Information "CPLR 8303-a (a) calls for the award of costs and reasonable attorney’s fees not exceeding ten thousand dollars against a party, his attorney, or both, who are found to have brought a *13. 1 -Costs for Abusive Conduct. Term before argument CPLR §8303 subd. Since Wilco raised no triable issue of fact, a summary determination in the Attorney Gen-eral's favor may be made (see,CPLR 409 [b]). Sexton separately moved for an Order dismissing the petition or, in the alternative, for leave to serve and file answers in opposition to the petition. 6419 4 1 § 3. such action or claim is commenced or continued by a plaintiff . The retaxation procedure is set forth in CPLR 8403 and provides that, within five days of receipt of an adversary’s bill of costs, an aggrieved party ‘may serve notice of retaxation of costs…to the party who has taxed the costs, specifying the item as to which retaxation is sought. ) pursuant to CPLR § 8303(a)(6). Similarly, 22 NYCRR 130-1. Finally, we find merit to Dillon's assertion that Supreme Court erred in awarding Alvarado ordinary litigation costs as disbursements. 1990) (CPLR) as ineffective and inconsistent with the thrust of amended Part 130. Year: 2013. (collectively the "Defendants"), which seeks an order for sanctions pursuant toCPLR§ 8303-a and 22NYCRR130-1. The legal authority cited by Plaintiffs themselves (at $ 8) makes plain that a movant under CPLR ) 8303-a(c)(ii) need only show that the opposing side knew or should have known In addition, CPLR 8303(a) (1) has been amended so that the- provwgon -is -ffow expressly applicable oily where the action is to foreclose a mortgage on real property Thus, by this amend-thent, the iiconsistency with CPLR 8302 (ay (1). Claimant also seeks sanctions against defendant pursuant to CPLR 8303-a. Citing CPLR 8201, 8301 and 8303(a), the court awarded Alvarado in excess of $20,000 in costs and disbursements, including expert witness fees in the sum of $17,750. pursuant to Executive Law § 63(15) ordering Respondents Midway and Thomas Add Art 17-B §§279-m - 279-v, Gen Bus L; amd §8303-a, CPLR : Relates to creating the uniform trade secrets act. What is the relationship between the CPLR and Court Rules of the New York State Court system such as Rule 130? Who enacts and amends the Court Rules? 5. Universal Citation: NY CPLR § 8303 (2012) § 8303. Article 85 . GPLR 8303 (a) (2), however, permits the court to award an additional CPLR 8303(a)(2): Award of allowance in a difficult case. 18) is determined as provided herein. and is found . John\u27s Law Scholarship Repository. 12 (Preliminary Conference); 202. – 12:40 p. Parker , 179 AD2d 98, 111, 582 NYS2d 91 [1st Dept. Publisher: St. Coupler 2in A-Frame Primed 5K, Gn Coupler 2 5/16in 24K Rd Tube Adj 10in Trvl, Wallace Draw Bar Sqr Mnt 2 1/2in Eye 42K, Wallace Draw Bar Sqr Mnt 3in Eye 66K, Coupler 2 5/16in a Frame 10K, Adj Pintle 3 Pos, Demco Da66B 6K Actuator 2in Cplr 3in Tongue, A-Frame Coupler 2 5/16in Ball Cplr Mod Clmn 5/16 To 5/16: 1: 82. The first counterclaim should have been dismissed “[s]ince New York does not recognize an independent cause of action for the imposition of sanctions under either CPLR 8303-a or Rules of the Chief Administrator of the Third-party’s motion for sanctions under CPLR §8303-a and 22 NYCRR §130-1. Mar 24, 2011 · N. 1, states, in pertinent part, as follows: CP cl ~ . Second, The New York +61-8-8303 8056 (Phone) +61-8-8303 8059 (Fax) Rachel. 1(a), requesting that this Court order Joseph Rakofsky and the Rakofsky Law Firm P. # ===== # # PUBLIC DOMAIN NOTICE # National Center for MCi 4Trade Who we are!. cr o. Defendants now appeal Since the defendants only moved to impose a sanction pursuant to CPLR 8303-a (a), and the court relied only upon that statute in awarding costs, disbursements, and attorney's fees payable to the defendants, we modify the money judgment by reducing the award to the total sum of $10,000, and modify the order dated July 2, 2007 accordingly. Copies of the affidavits of service and mailing are attached hereto as exhibits _____. Cross-motion by Mac Laundry Hemp, Inc. 22 NYCRR §130-1. The motion by defendants pursuant to CPLR 3211 and CPLR 3212 for an order dismissing the complaint and for summary judgment on their counterclaims, and pursuant to CPLR 8303 and 22 NYCRR §130­1. 1 for frivolous motion practice; and substantively, seeks to have a proposed amended Certificate of Merit be deemed timely served nunc pro tunc. (a) Disbursements in action or on appeal. Sep 24, 1999 · [22 NYCRR 130-1, CPLR 8303(a)]. § 8303-a (McKinney 1981 & Supp. antenna cplr contrl,radio recvr-transm radio altitude indicator holder,nozzl shroud,nzzle nozzle,fuel spry tip,nzl barrel,prop stabilzr,frq translator frequency cap plate,port drive,tuning indicator, r indictr,a/s max alow. 2d 574] assessment of costs and attorneys' fees against a party or attorney advancing frivolous claims (CPLR 8303-a), and a mandatory precalendar conference, presided over by the Judge who would later try Jan 25, 2019 · Add Art 17-B §§279-m - 279-v, Gen Bus L; amd §8303-a, CPLR Versions Introduced in Other Legislative Sessions: 2015-2016: S3770 2017-2018: S4688, A6419. In or around October 2013, the Trump Respondents and Mr. CPLR 8303-a(b). The term "frivolous" is further defined as actions commenced in "bad faith" for an improper motive, such as to prolong litigation or harass 4. 155887/2014 BURGUND, JAMES v. (a) The court, in its discretion, may award to any party or at- (CPLR) Article 13-A and Penal Law Article 480. Welcome to the New York State Assembly website. In sum, neither the courts nor the Internet are kind to bullies who attempt to misuse defamation law as a bludgeon to censor protected expression. 004 Page 1of9 [* 1] Jan 16, 2019 · Add Art 17-B §§279-m - 279-v, Gen Bus L; amd §8303-a, CPLR Versions Introduced in Other Legislative Sessions: 2015-2016: S3770 2017-2018: A6419, S4688. , defendants' also move' for an order pursuant to CPLR S 8303-a and/or 22 NYCRR S 130-1. Additional allowance in the discretion of the court. Defendants have moved for an order dismissing the claim in this matter pursuant to CPLR 3211(a)(7) and for the imposition of sanctions pursuant to CPLR 8303-a and 22 NYCRR 206. 42 € 9101: Tube Guard Cart 4mm X 1cm: 1: 7. D. or App. We also sought sanctions and fees pursuant to New York CPLR section 8303-a for maintaining a frivolous lawsuit. (518) 489-8303. Additional allowance in the discretion of the court on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. o M ooRN" CX m o+ 9 g CD a' te rn CP State ofNew Yo±, County of ss. C. OPEN Monday-Friday 10:00-8:00 Saturday 10:00-5:00 L 492-3925 LINES,FRONT HYD, DBL, MAN CPLR. 00 pursuant to CPLR § 8303(a)(1). 1 2. Jan. 2d 844). Use this page to navigate to all sections within Civil Practice Law and Rules. 87 N. ("Intermix") is a publicly-traded Delaware corporation with its principal offices in Los Angeles, California. ” Nov 27, 2018 · Plaintiff’s attorney relied solely on §130-1. ") at 7. pursuant to CPLR § 8303(a)(6), granting two thousand dollar ($2,000) in costs to the State of New York against each Respondent; k. Thiscase should betheproverbial poster child fore-filing, ortheelectronic filing, of papers toavoid theneedless waste ofreams ofpaper toserve. the legal fees of witnesses and of referees and other officers; 2. Communications with Parties B. We hear more than three million cases a year involving almost every type of endeavor. . Client 2. 92 € 9038: Screw 10-32 Comp W. Background The following facts are taken from the answer. Add §8101-a, amd §8303-a, CPLR : Requires a court to award reasonable attorneys' fees and costs incurred for meritless actions and abusive lawsuits when it has granted a motion to dismiss for failure to state a cause of action. ”3 Costs imposed under 22 NYCRR 130-1. The Court corresponded with Mr. Claimants have cross-moved for an order pursuant to CPLR 3215 for a default judgment against defendant, Donald Felix, an inmate, in the sum of $5,000,000 together Further, attorneys’ fees may also be awarded as a sanction. $ Trial ($300) - CPLR § 8201(3). The fees may not exceed $10,000. Security For Costs CPLR §8303 subd. Goldsmith and his law firm, The specific provision of CPLR 8303 would dominate over the more general one set forth in CPLR 2212 (subd. §130, and the explosion of decisions interpreting Federal Rule of Civil Pro­ cedure 11, as amended in 1983, have made the im­ position of sanctions on parties and their counsel an area of concern to every practitioner. 0 $520 Select this for a DOUBLE auxiliary service. B. c. Thereafter, Complaint filed and served an Answering Affirmation in Opposition to Respondent’s Motion to Dismiss. ’ Attorney's Fees. 2d 282 (Supreme Court, Rensselaer County 1989). Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form. CPLR 8303-a(c)(ii). The motion by the defendant Linda Padro ff for an order pursuant to CPLR 3212 granting her summary judgment dismissing the complaint against her CPLR 8303(a): Amendment - CORE Reader The court finds counsel's actions frivolous within the meaning of CPLR 8303-a (a), and awards plaintiff costs of $50 pursuant to CPLR 8202 and attorney's fees of $500, to be assessed against defendant's counsel (CPLR 8303-a [b]). about adozen attorneys andthe court. A finding that a party or attorney engaged in frivolous conduct might also justify an award of costs, which are meant to “reimburse[] for actual expenses reasonably incurred and rea-sonable attorney’s fees, resulting from frivolous conduct. 81 € 9082: Rheodyne 10-32 Nut (7010-011) 1: 5. The statute, like its common law predecessor, allows a party claiming an interest in real property to notify prospective purchasers or encumbrancers of the property that it is the subject of litigation. Disclosure and Disclosure - Like Devices in the New York City Housing Court Nov 15, 2016 · CPLR 320: Fail to answer the complaint on time [20 days to answer, 30 for substituted] CPLR 3215: P moves for Default Judgment (and gets it) CPLR 317: When P claims service was other than by personal delivery, D moves to vacate default on the grounds that D was not personally served with summons + complaint . state. The determination, papers, transcripts and exhibits have all been redacted to prevent identification of the students, who are indicated only by their initials. Aug 15, 2011 · CPLR 8303-a calls for the award of “costs and reasonable attorney’s fees not exceeding ten thousand dollars” against a party, his attorney, or both, who are found to have brought a frivolous action in bad faith or as a means of “harass [ing]” the successful adversary. thousand dollars pursuant to CPLR §8303(a)(6), and (h) such other and further relief as to this Court may seem just and proper. , 80 A. iappscontent. qxd Author: Latex76 Created Date: 9/10/2004 10:39:59 AM Dec 08, 2020 · Browse our inventory of new and used HYUNDAI HX330L For Sale near you at MachineryTrader. Text of Proposed Revision of Part 130 UNIFORM RULES -TRIAL COURTS § 130-1. This rule shall not apply to requests for costs or attorneys' fees subject to the provisions of CPLR 8303-a. Send Email Investigators & investigation services. 1; He v. 86 € 9096: End Ftg Isobar 5/16in: 1: 11. Supreme Court found that the complaint failed to state a cause of action with respect to the August 2009 letter and the press release and granted defendants' motion to that extent, but denied the motion in all other respects. 3(c) of the Civil Service Law, at an annual salary rate equal to or higher than the job rate of the employee's grade, whose performance for the preceding year is rated higher than unsatisfactory or its equivalent, and who is in full-time employment status on the date of supreme court of the state of new york county of new york -----x joseph rakofsky and rakofsky law firm, p. 21 (Note of Issue), 202. 4162 4 1 § 3. Demand Letters C. ny. Awarding Plaintiff additional costs of $2,000. in version 1. supreme court of the state of new york county of new york -----x joseph rakofsky and rakofsky law firm, p. Jan 05, 2021 · Directing Defendants to pay a civil penalty to the State of New York of up to $5,000. Since the defendants only moved to impose a sanction pursuant to CPLR 8303-a (a), and the court relied only upon that statute in awarding costs, disbursements, and attorney's fees payable to the defendants, we modify the money judgment by reducing the award to the total sum of $10,000, and modify the order dated July 2, 2007 accordingly. 8311 Over 75 years, a global leader of RF test and measurement equipment, signal boosters and RF recorders. Since New York does not recognize an independent cause of action for the imposition of sanctions under either CPLR 8303-a or Rules of the Chief Administrator of the Courts (22 NYCRR) § 130-1. It provides in pertinent part: Moreover, "[i]t is a well-grounded and sound rule that generally in negligence cases the provisions of CPLR 8303 are not applicable" (McGrath v Irving, 24 AD2d 236, 239-240 [1965], lv denied 17 NY2d 419 [1966]; see Marcus v New York City Hous. Defendant Intermix Media, Inc. 08171, sanctioning a litigant for bringing a frivolous action, explaining: We agree with the Supreme Court’s determination granting those branches of the respective motions of the Emerson defendants and the Greenberg Traurig defendants which were pursuant to CPLR 8303-a to impose sanctions against Devereaux. We now deal with the last major … Continued The enactment of CPLR §8303-a and Part 130 of the Uniform Rules of the New York State Trial Courts, 22 N. New York Consolidated Laws, Civil Practice Law and Rules - CVP § 8303-a. $ Assessment of damages ($300) - CPLR § 8201(3) . courts. 950,00 is hereby awarded to the Plaintiff as reasonable legal fees herein, with legal interest from the date of entry of the judgment hereof. 651493/2012 . Furthermore, if "an action to recover damages for personal injury, injury to property or wrongful death * * * is found * * * to be frivolous by the court, the court shall award to the successful party costs and reasonable attorney's fees not exceeding ten thousand dollars" (CPLR §8303 a[a]; see also, Fed. 5. Statement of Facts To expedite malpractice litigation, the Legislature provided for expanded discovery as to expert witnesses (CPLR 3101[d][1], the [550 N. 15 (videotape depositions); 202. Auth. under CPLR § 8303-a and 22 NYCRR § 130. Spada) founded Aspen University, an online post-secondary education university, in October 1999. 00, fails to set forth the material elements of any viable cause of action; and is hereby dismissed. The court at any time on its own initiative, or on motion of any party or of any person from whom discovery is sought, make a protective order denying, limiting, conditioning or regulating the use of any disclosure device. 1: 3. 2 It is relatively simple to satisfy the statutory requirements to file a notice of pendency, inviting Ver, por ejemplo, 22 NYCRR 130-1. L & R. 0 $352 ONLY FOR USE WITH Trailer Couplers, Trailer Couplers and Jacks, Trailer Parts & Service | Heavy Hauler Trailers & Truck Accessories. Part 130-a imposes financial sanctions upon any attorney in a criminal action who, without good cause, fails to appear at a time and place scheduled for a criminal action. 2d 236; Marcus v New York City Hous. Read this complete New York Consolidated Laws, Civil Practice Law and Rules - CVP § 8303. 1 and CPLR § 8303-a. Similarly, the court erred in imposing a sanction Mar 01, 2016 · In its reply memorandum of law, Petitioner argues that the Court should, in its discretion under CPLR § 8303(b), award Petitioner, as a judgment creditor, a sum not exceeding five percent (5%) of the Judgment, related to its motion for enforcement of the Judgment. Notice of motion for disbursements and additional allowance [Form: CPLR 8303], Secondary Sources In addition, CPLR 8303(a) (1) has been amended so that the- provwgon -is -ffow expressly applicable oily where the action is to foreclose a mortgage on real property Thus, by this amend-thent, the iiconsistency with CPLR 8302 (ay (1). led,red pcb ra 5v 29000438 window housing assy,small 291092 ic,optoc iso h1l1 The LII Lawyer Directory contains lawyers who have claimed their profiles and are actively seeking clients. The cost award is in addition to any other judgment awarded the successful party. 292 ARTICLE 86 - COUNSEL FEES AND EXPENSES IN CERTAIN ACTIONS AGAINST THE STATE amount of $2,000. 2212. To expedite malpractice litigation, the Legislature provided for expanded discovery as to expert witnesses (CPLR 3101 [d] [1]), the assessment of costs and attorneys' fees against a party or attorney advancing frivolous claims (CPLR 8303-a), and a mandatory precalendar conference, presided over by the Judge who would later try the case, in Further, the Supreme Court should determine the penalties to be imposed pursuant to General Business Law — 350-d (see, People v. 42 € 9097: End Ftg Isobar 1/4in: 1: 11. 6 Frt Asy Bio-Safe: 1: 6. Sections (§§) 8301 - 8303-A . New York, CPLR, preliminary motions, ex parte motions, emergency motions, stays, disclosure, reargue and renew, orders to show cause, notice of motion 140. of Law]. 00. Brokers, 145 Misc 2d costs against respondent, pursuant to CPLR §8303 (a) (6). , par. Plaintiff James Burgund opposes. Experts 5. Granting such other and further relief as the Court deems just and proper. 66, Attach. Ver, por ejemplo, 22 NYCRR 130-1. Go to top. L. Prac. Lieb provides a wide range of legal services throughout the New York Metro area on such topics as real estate brokerage license law litigation / compliance, title litigation / compliance, fair housing and discrimination New York, CPLR, preliminary motions, ex parte motions, emergency motions, stays, disclosure, reargue and renew, orders to show cause, notice of motion 143. MCi4Trade a member of MCi International based from our head office in Sheffield, South Yorkshire has developed a comprehensive network of specialist associates across the UK and overseas. 70 proceedings-CPLR Art. ELIOT SPITZER Attorney General of the State of New York Attorney for Petitioners 120 Broadway New York, New York 10271 Telephone (212) 416-8296 By:_____ Nov 03, 2011 · also sought an award of costs and counsel fees pursuant to CPLR 8303-a. The Attorney General established that Wilco violated General Business Law § 349 (a), § 350, and Executive Law § 63 (12). : Index No. 1 I. SUPREME COURT OF THE STATE OF NEW being duly sworn, deposes and says; that deponent is not a YORK COUNTY OF NEW YORK R $8303-a provides for assessment of sanctions in the nature of costs and counsel fees in certain actions, such as actions to recover damages for personal injury, injury to $250,000. 1. pilot truck side new Lionel LIMITED. 00 CVP - Civil Practice Law & Rules Article 83 - (8301 - 8303-A) DISBURSEMENTS AND ADDITIONAL ALLOWANCES 8302 - Additional allowance to plaintiff as of right in real property actions. R. us finding all charges “frivolous” as defined by section 8303-a of the CPLR, and an award of attorney’s fees premised on such a finding. Civ. CPLR §8303(a) “imposes a duty on a party and [its] attorney to act in good faith to investigate a claim and promptly discontinue it where inquiry would reveal that the claim lacks a reasonable CPLR 8303(a)(2): Award of allowance in a difficult case. v. $ Inquest ($300) - CPLR § 8201(3). 3 [Pet. ELIOT SPITZER Attorney General of the State of New York Attorney for the Petitioners The Capitol Albany, New York 12224 By: Matthew J. 50. fan/F-3 PWC/Green. The plaintiff's claim for punitive damages was asserted only to harass the defendants, and an award of costs and attorney's fees is warranted. To label and attach a backer: 1. In a decision dated January 30, 2014, this j. ” against the Plaintiff under 22 NYCRR 130-1. R. For the reasons set forth below, the defendant’s motions are denied. 1, the court finds that plaintiffs have engaged in frivolous multiple litigation with no apparent purpose other than to harass Chase, and exercises its discretionary powers to grant Chase its costs and reasonable attorney's fees attributable to opposing the instant action. Allied Mktg. 78 proceedings-Election Law proceedings-emergency medical treatment applications-matrimonial matters-Mental Hygiene Law matters-name change applications-consumer credit actions as defined in CPLR Atlas 100-Ton Roller Bearing Trucks w/A-M Cplr (2) N Scale Model Train Parts #22071 Micro-Trains Truck Mount Couplers - ''T'' Shank . Costs upon frivolous claims and counterclaims in actions to recover damages for personal injury, injury to property or wrongful death. Additional Allowance. (" Plaintiffs" ), and their attorney, Matthew H. The court arrived at the amount of $500 by hearing the actions and work necessitated by counsel's actions. Other Sources II. a complaint based upon his claim with the disciplinary committee. 4. The court also granted that branch of the defendants' cross motion which was for an award of costs and attorney's fees pursuant to CPLR 8303-a(c). Sections (§§) 8401 - 8404 . 22-26). § 8203. On the date of our oral argument, Third-Party Plaintiff agreed to execute the pending stipulation of discontinuance dismissing all claims against our client with prejudice. McKinney's 1989 New York Rules of Court § 130. John's Law Review, Published on 04/26/13 Fiduciary will/trust construction CPLR 8303(a)(4) Certified copies of papers CPLR 8301(a)(4) Disposition of Infant Property CPLR 8303(a)(5) Satisfaction piece CPLR 5020(a) Motion to Enforce Judgment CPLR 8303(b) Transcripts and filing CPLR 8021 $ 87190 Costs and Sanctions CPLR 8303-a, Rule 130. A. int Our vast inventory has over 2 billion aircraft parts sourced from over 5000 top manufacturers. N. Attorney C was so incensed by the cross-motion that he filed . 1 . $_____ Costs After Note of Issue Finally, CPLR § 8303 entitles the Attorney General's office to $2000. 1 ("Rule 130"). The broad, pre-lawsuit discovery permitted to the Attorney General under § 354 of the Martin Act In view of this, Supreme Court did not abuse its discretion in awarding defendants reasonable costs and counsel fees, not to exceed $10,000, that were incurred in defending this action (see CPLR 8303–a; 22 NYCRR 130–1. cplr 8303

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