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Arnold Gumowitz et al., Appellants, v. Stephen Mazoh et al., Respondents. (And Another Action.)

New York Supreme Court, Appellate Division1994-03-01
202 A.D.2d 166608 N.Y.S.2d 192

Authorities cited

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Opinion

majority opinion

Order, Supreme Court, New York County (Carol Arber, J.), entered July 9, 1993, which, inter alia, granted defendants-respondents’ motion for sanctions and denied plaintiffs’ cross motion for sanctions, unanimously affirmed, with costs.

The IAS Court did not abuse its discretion in imposing a sanction of $750 against plaintiffs for failing to answer responsively all of defendants’ interrogatories, where their motion for a protective order had previously been denied, and where they frivolously cross-moved for sanctions (22 NYCRR 130-1.1; see, Gabrelian v Gabrelian, 108 AD2d 445, 448, appeal dismissed 66 NY2d 741). Concur — Murphy, P. J., Sullivan, Carro, Wallach and Tom, JJ.