GLASS v. GRECCO

Ordered that the appeal from so much of the order and judgment as directed the plaintiffs' attorney to pay an attorney's fee in the sum of $4,202.75, the costs of the subject motion, and an additional attorney's fee in the sum of $750, and imposed a sanction in the sum of $250 is dismissed, without costs or disbursements, as the plaintiffs are not aggrieved by that portion of the order and judgment ( see CPLR 5511; Scopelliti v. Town of New Castle, 92 NY2d 944); and it is further,

Ordered that the order and judgment is reversed insofar as reviewed, on the facts and as a matter of discretion, without costs or disbursements.

The Supreme Court improvidently exercised its discretion by penalizing the plaintiffs for their attorney's pursuit of a frivolous claim against the defendant Peerless Abstract Corp. ( see 22 NYCRR 130-1.1). Accordingly, we reverse the order and judgment insofar as reviewed.