Summary
This New York Supreme Court decision addresses a motion for sanctions against plaintiff's counsel for improperly listing all nine statutory categories of "serious injury" in a bill of particulars for a motor vehicle accident case. The court found that asserting clearly inapplicable categories, such as death and loss of a fetus for a male plaintiff, constituted frivolous conduct under 22 NYCRR 130-1.1. Consequently, the court imposed a $700 sanction payable to the New York State Lawyers' Fund for Client Protection to compensate for judicial time wasted reviewing the deficient pleadings.
Topics
Practice areas
Questions Presented
- Whether plaintiff’s counsel’s claim of all nine serious‑injury categories in the bill of particulars is sanctionable as frivolous conduct.
Holdings
- Listing all nine serious‑injury categories in a bill of particulars when the categories are inapplicable is a sham response and constitutes frivolous conduct; the court may impose financial sanctions on the attorney.
Key quotations
“"the court, in its discretion may impose financial sanctions upon any party or attorney in a civil action or proceeding who engages in frivolous conduct as defined in this Part, which shall be payable as provided in section 130-1.3 of this Subpart" (22 NYCRR 130-1.1 [a])” (at 25220)
“"IT IS HEREBY ORDERED that a sanction in the sum of $700 is imposed against The Chernyy Law Office, P.C., counsel for Plaintiff, payable to the New York State Lawyers' Fund for Client Protection."” (at 25220)
Factual background
Plaintiff Tykeem T. Fluker was injured in a motor‑vehicle accident on September 29, 2022. In his bill of particulars he listed all nine categories of "serious injury" under Insurance Law § 5102(d), including death, dismemberment, fracture, loss of a fetus, and various permanent or long‑term impairments, despite medical evidence showing none of those categories applied.