Ordered that the order dated October 25, 2002, is affirmed; and it is further,
Ordered that the order entered March 13, 2003, is affirmed; and it is further,
Ordered that the order entered July 2, 2003, is affirmed insofar as appealed from; and it is further,
Ordered that one bill of costs is awarded to Martin Campos.
"The meaning and coverage of a general release depends on the controversy being settled and upon the purpose for which the release was actually given . . . A release may not be read to cover matters which the parties did not desire or intend to dispose of" ( Lefrak SBN Assoc. v. Kennedy Galleries, 203 AD2d 256, 257 [citation omitted]; see Demaria v. Brenhouse, 277 AD2d 344; Alcantara v. 603-607 Realty Assoc., 273 AD2d 329, 330; Meyer v. Fanelli, 266 AD2d 361; Grab v. Jewish Assn. for Servs. for Aging, 254 AD2d 455, 456).
The appellant takes the position that the stipulation of settlement in action No. 1, dated January 15, 2002, was intended to release him from "all claims to date." However, the appellant failed to establish that the stipulation was intended to relieve him of the claims interposed against him in action No. 2. Issues of fact exist as to which disputes the parties intended to settle when they entered into the stipulation. Consequently, the appellant failed to submit evidence to establish his entitlement to dismissal of the complaint in action No. 2 as a matter of law or to compel compliance with the stipulation.
Moreover, the Supreme Court properly imposed a sanction against the appellant in the sum of $250. Conduct is frivolous and can be sanctioned under 22 NYCRR 130-1.1 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" or it is "undertaken primarily to delay or prolong the resolution of the litigation, or to harass or maliciously injure another" ( 22 NYCRR 130-1.1 [c] [1], [2]; see Stow v. Stow, 262 AD2d 550; Matter of Gordon v. Marrone, 202 AD2d 104; Tyree Bros. Envtl. Servs. v. Ferguson Propeller, 247 AD2d 376). "Making claims of colorable merit can constitute frivolous conduct within the meaning of 22 NYCRR 130-1.1 if `undertaken primarily to delay or prolong the resolution of the litigation, or to harass or maliciously injure another'" ( Stow v. Stow, supra at 551, quoting 22 NYCRR 130-1.1 [c] [2]; see also Matter of Gordon v. Marrone, supra; Tyree Bros. Envtl. Servs. v. Ferguson Propeller, supra).
Here, the appellant made three consecutive motions seeking, in essence, the same relief. Such duplicative motions unnecessarily prolonged the litigation. Accordingly, a sanction in the sum of $250 against the appellant was a provident exercise of the Supreme Court's discretion.
The appellant's remaining contentions are without merit.