Frank Darras v. Helen Darras

Summary

The New York Appellate Division, Second Department, affirmed an order awarding $2,500 in counsel fees against the defendant under 22 NYCRR 130-1.1. The court held that the defendant engaged in frivolous conduct by pursuing nearly identical proceedings in Illinois and New York and continuing the New York motion after its factual basis had been disproven.

Holdings

1. The Supreme Court providently exercised its discretion in awarding $2,500 in counsel fees because the defendant engaged in frivolous conduct by bringing and prosecuting nearly identical proceedings in Illinois and New York and by continuing the motion after learning that its factual predicate no longer existed.

Questions Presented

1. Whether the Supreme Court properly imposed a $2,500 counsel-fee sanction under 22 NYCRR 130-1.1 based on the defendant's frivolous contempt motion.
2. Whether the defendant's conduct was frivolous because she pursued nearly identical proceedings in Illinois and New York and continued the New York motion after learning that its factual predicate no longer existed.

Disposition

affirmed