Matter of 155 W. 21st St., LLC v McMullan, 24 NY3d 1111 (2015)

2015 NY Slip Op 00228 [24 NY3d 1111]
January 8, 2015
Court of Appeals

[*1]

In the Matter of 155 West 21st Street, LLC, Appellant, et al., Petitioner,
v
Alistair McMullan, Respondent, et al., Respondent.

Decided January 8, 2015

Matter of 155 W. 21st St., LLC v McMullan, 112 AD3d 526, reversed.

{**24 NY3d at 1113} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), 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.

Concur: Chief Judge Lippman and Judges Read, Pigott, Rivera and Abdus-Salaam.