The court rule, codified at 22 NYCRR 130-1.1, authorizes a court to exercise its discretion in awarding reasonable attorney's fees resulting from frivolous conduct. Conduct is frivolous if it is completely without merit in law, or advances false statements of material facts. In determining whether conduct is frivolous, the court will consider circumstances such as the time available for investigating the legal or factual bases of the conduct, and whether the conduct was continued when its lack of legal or factual basis was apparent, should have been apparent, or was brought to the attention of counsel or the party.
Matter of Sottilare v. Fahner, NY Slip Op 02792 (2d Dep't April 25, 2018)
