Plaintiff Samuel J. Better is an attorney and the sole member of the two limited liability companies that are also plaintiffs. Defendants Ryan Gifford and Gabrielle Gifford rented an apartment from one of those companies. When the Giffords moved out, Better retained their security deposit and certain other credits. Ryan Gifford subsequently commenced an action in Waterford Town Court against Better; Ryan Gifford was later represented in that action by his attorney uncle, defendant Terence Devine. During an appearance in that action, Devine made statements regarding certain "self-help" allegedly engaged in by Better. In plaintiffs' view, those statements insinuated that Better had committed a self-help eviction, punishable by RPAPL 768 and/or 853. That initial small claims action was later dismissed on consent, as Ryan Gifford had not properly named Better's company as the party defendant, and the parties thus contemplated a new small claim. Before that new claim could be heard, plaintiffs brought the Giffords to Supreme Court over the same dispute. In doing so, plaintiffs also asserted two claims against Devine, claiming that Devine's statements regarding Better's self-help constituted defamation and attorney deceit and seeking damages in excess of $1 million. Defendants moved to dismiss the causes of action involving Devine and requested that both costs and sanctions be imposed upon plaintiffs for frivolous conduct in bringing those claims. Plaintiffs cross-moved to amend the complaint, including by modifying the defamation cause of action to one for slander per se, and to consolidate the Waterford Town Court action with this action. Supreme Court granted plaintiffs leave to amend, dismissed the amended causes of action regarding Devine, partially granted defendants' request for costs, denied consolidation and sua sponte removed the remaining causes of action against the Giffords to Waterford Town Court. Plaintiffs appeal. This Court has been advised that the new small claims action has since settled.