NEWMAN v. BERKOWITZ

This breach of contract action should have been dismissed because defendant, as an individual, was not a party to the contract. Read as a whole, the letter agreement, which was drafted on the letterhead of defendant's professional corporation and included a schedule indicating that legal fees were to be shared between plaintiff and defendant's professional corporation, shows that the intended party was the corporation. The absence of a reference to a corporate office above or below defendant's personal signature does not prove otherwise ( see 150 Broadway NY. Assoc. L.P. v Bodner, 14 AD3d 1, 7; PNC Capital Recovery v Mechanical Parking Sys., 283 AD2d 268, 270-271, lv dismissed 96 NY2d 937, appeal dismissed 98 NY2d 763).

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" ( 22 NYCRR 130-1.1 [c]). The court properly found that defendant's motion for reargument was frivolous, since defendant was unable to articulate a legal ground for it, and followed proper procedure in imposing the sanction against him ( see Spinnell v Toshiba Am. Consumer Prods., 239 AD2d 175).