Drew v. U-Haul Intl. Inc.

Summary

The Appellate Division, First Department dismissed the plaintiffs’ appeal from an order imposing $250 in sanctions against plaintiff Frederick S. Koger as abandoned because the plaintiffs did not address the order’s merits. The court stated that, alternatively, the sanctions were within the trial court’s discretion because the plaintiffs violated a protective order, and it declined to impose additional sanctions.

Holdings

1. An appeal is deemed abandoned when the appellants do not address the merits of the order under review or the sanctions it imposed; plaintiffs' appeal was therefore dismissed as abandoned.

Questions Presented

1. Whether plaintiffs' appeal from the sanctions order should be dismissed as abandoned when plaintiffs failed to address the merits of the order or the sanctions imposed.
2. Whether the lower court acted within its discretion in imposing sanctions for violating a protective order.

Disposition

dismissed