Practice point: The court is authorized to impose attorneys' fees and expenses upon a
party for frivolous conduct that "asserts material factual statements
that are false," pursuant to 22 NYCRR 130-1.1 [c][3].
Student note: Rule 130-1.1 does not require a full evidentiary hearing, but states
that attorney's fees and costs may be awarded "after a reasonable
opportunity to be heard," and that "[t]he form of the hearing shall
depend upon the nature of the conduct and the circumstances of the case," pursuant to 22 NYCRR 130-1.1[d].
Case: Martinez v. Carney, NY Slip Op 05573m(1st Dept. 2015)
Here is the decision.
Tomorrow's issue: A fall on wet bus steps.
