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Robert W. Cinque, Appellant, v. Ernest G. Schieferstein, Respondent

New York Supreme Court, Appellate Division2004-03-11
5 A.D.3d 198772 N.Y.S.2d 813

Authorities cited

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Opinion

majority opinion

Order, Supreme Court, New York County (Charles Ramos, J.), entered June 27, 2003, which, to the extent appealed from as limited by the briefs, awarded defendant $8,079.55 as the reasonable value of legal services rendered in responding to a prior appeal, unanimously affirmed, with costs.

The award of costs for the prior appeal (292 AD2d 197 [2002]), under 22 NYCRR 130-1.1, was not merely for defending an award of sanctions, but also for preserving the dismissal of plaintiff’s baseless action (compare Henriques v Boitano, 304 AD2d 467 [2003]).

We have considered the parties’ other contentions for affirmative relief and find them unavailing. Concur—Buckley, P.J., Williams, Lerner and Marlow, JJ.