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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

McFadden v. Sassower, 27 Misc. 3d 45 (2010)

Citation
McFadden v. Sassower, 27 Misc. 3d 45 (2010)
Parent Document
McFadden v. Sassower, 27 Misc. 3d 45 (2010)
Jurisdiction
New York (state)
Effective Date
2010-02-23

Full Text

621 chars
Tenant’s fourth counterclaim sought the imposition of costs and sanctions against landlord and his attorney, as well as the disciplinary referral of landlord’s attorney. New York does not recognize a separate cause of action for sanctions (Ocean Side Institutional Indus., Inc. v Superior Laundry, 15 Misc 3d 1123[A], 2007 NY Slip Op 50822[U] [Sup Ct, Nassau County 2007]). Accordingly, landlord’s motion to dismiss the fourth counterclaim should have been granted. Tenant also sought this relief in her motions. We find that the City Court did not improvidently exercise its discretion in declining to award this relief.