Nedd v. Nedd

Summary

The Appellate Division, Second Department, reversed orders that sanctioned former counsel for the defendant in a divorce action and directed her to reimburse the plaintiff's counsel $1,375 in attorneys' fees. The court held that counsel properly executed and filed a consent to change attorney form under CPLR 321(b)(1), did not engage in frivolous conduct, and was not given a reasonable opportunity to be heard before sanctions were imposed.

Holdings

1. The Supreme Court erred in imposing a sanction under 22 NYCRR 130-1.1 and ordering the former counsel to pay $1,375 in attorneys' fees because the record did not establish frivolous conduct.
2. The Supreme Court erred independently because it did not provide the former counsel a reasonable opportunity to be heard before directing payment of costs.

Questions Presented

1. Whether the Supreme Court properly imposed a sanction under 22 NYCRR 130-1.1 against the defendant's former counsel.
2. Whether the Supreme Court properly ordered the former counsel to reimburse the plaintiff's counsel for attorneys' fees.
3. Whether former counsel was required to move by order to show cause to be relieved as counsel after executing a consent to change attorney form under CPLR 321(b)(1).
4. Whether the former counsel received a reasonable opportunity to be heard before costs were imposed.

Disposition

reversed