James E. Flaherty v. George Stavropoulos

DECISION & ORDER In an action, inter alia, to recover damages for breach of contract, and tortious interference with contractual relations, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Leis, J.), dated June 12, 1991, which, inter alia, granted the defendants' motion to dismiss the complaint, found the plaintiff's conduct frivolous within the meaning of 22 NYCRR 130.1, and directed him to pay a sanction of $500 plus $100 costs, and the defendants cross-appeal, on the ground of inadequacy, from so much of the order as limited the award to $500 in sanctions and $100 in costs. Ordered that the order is modified, on the law, by deleting the provision thereof which directed the plaintiff to pay a sanction of $500 plus $100 costs; as so modified, the order is affirmed, without costs or disbursements, and the matter is remitted to the Supreme Court, Suffolk County, for a hearing in accordance herewith.