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

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.