Summary
This New York Appellate Division decision addresses an appeal by defendant Nicholas Spyreas from a Supreme Court order granting leave to enter a monetary judgment against him. The court dismissed the appeal, finding that the appealed order had been superseded by a subsequent money judgment. Additionally, the court sanctioned the appellant for frivolous conduct under 22 NYCRR 130-1.1 and directed him to submit documentation for reasonable attorneys' fees and expenses incurred by the plaintiff in defending the appeal.
Topics
Practice areas
Questions Presented
- Whether the appeal should be dismissed because the order appealed from was superseded by a money judgment
- Whether the defendant engaged in frivolous conduct under 22 NYCRR 130-1.1(c) warranting sanctions
Holdings
- The appeal is dismissed because the order appealed from was superseded by a money judgment entered on November 26, 2021.
- The defendant engaged in frivolous conduct and must compensate the plaintiff for reasonable attorneys' fees and expenses incurred in defending the appeal.
Key quotations
“We agree with the plaintiff that the defendant Nicholas Spyreas (hereinafter the defendant) has engaged in frivolous conduct within the meaning of 22 NYCRR 130-1.1(c) in pursuing this appeal, which lacks merit in either fact or law.”
Factual background
The plaintiff sought an accounting and a judgment of $16,952.25 against the defendant. The trial court granted the plaintiff's motion for entry of judgment. A money judgment was entered three days later, superseding the earlier order. The defendant appealed the original order, which the Appellate Division dismissed as moot and sanctioned the defendant for frivolous conduct.
Procedural history
The Supreme Court, Queens County entered an order on November 23, 2021 granting the plaintiff's motion for entry of a judgment in the principal sum of $16,952.25. That order was superseded by a money judgment dated November 26, 2021, which was later affirmed by this Court. The appellant appealed the November 23 order, and the Appellate Division dismissed the appeal as superseded.