Summary
This Appellate Division, Second Department decision affirms the Supreme Court's denial of a nonparty's motion for attorney's fees and sanctions under 22 NYCRR 130-1.1, finding the motion untimely because it was filed after the underlying personal injury action was voluntarily discontinued with prejudice. Additionally, the court grants in part a respondent's motion to strike portions of the appellant's brief that reference matters outside the record. The court concludes that sanctions regulations apply only to conduct within a pending proceeding.
Topics
Practice areas
Questions Presented
- Whether a motion for attorney's fees and sanctions under 22 NYCRR 130-1.1 is timely after the parties have entered a stipulation voluntarily discontinuing the action with prejudice
Holdings
- The motion was untimely and therefore denied; the appellate court affirmed the trial court’s denial of the motion for fees and sanctions.
Factual background
Cara A. Baugh sued Seagull 27, LLC for personal injuries; the action was voluntarily discontinued with prejudice on August 5, 2022. Hercules Pharmaceuticals later moved for attorney's fees and sanctions, which the trial court denied as untimely.
Procedural history
The Supreme Court, Nassau County denied Hercules Pharmaceuticals' motion for fees and sanctions; Hercules appealed the denial.