Sanctions for Frivolous Conduct in a Civil Proceeding

A court may also order counsel fees to sanction “frivolous conduct” by a party during the proceeding. 22 NYCRR 130-1.1.  Conduct is frivolous if it:

  • is completely without merit in law and cannot be supported by a reasonable argument for an extension, modification, or reversal of existing law;
  • is undertaken primarily to delay or prolong the resolution of the litigation, or to harass or maliciously injure another; or
  • asserts material factual statements that are false.

Id.  Interestingly, frivolous claims of frivolous conduct are, in and of themselves, frivolous conduct!

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