Pursuant to 22 NYCRR 130-1.1, sanctions may be imposed against a party or the party's attorney for frivolous conduct. Conduct is frivolous if (1) it is completely without merit in law, and cannot be supported by a reasonable argument for an extension, modification, or reversal of existing law; (2) it is undertaken primarily to delay or prolong the resolution of the litigation, or to harass or maliciously injure another; or (3) it asserts material factual statements that are false. A party seeking the imposition of sanctions or an award of attorney's fees has the burden of proof.
Glaubach v. Slifkin, NY Slip Op 05323 (2d Dep't October 6, 2021)
