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!
If you have any questions or concerns, click the “Contact Us” link above, or call (315) 422-1311.
Christopher M. Judge, Esq.