Practice point: Pursuant to 22 NYCRR 130-1.1-a(a), an attorney certifies to the accuracy of the contents of litigation papers by signing them.
Practitioners should note that papers are considered frivolous if they assert material statements that are false, pursuant to 22 NYCRR § 130-1.1[c][3]), and frivolous conduct is continued when its lack of factual basis becomes apparent.
Case: Matter of 155 W. 21st St., LLC v. McMullan, NY Slip Op 02884 (1st Dept. 2009)
The opinion is here.
Tomorrow’s issue: Motion practice.
