SALEH v. HOCHBERG

Since the record discloses that plaintiff, in prolonged litigation, pursued causes of action that were clearly time-barred and otherwise without arguable merit, the motion court's determination that plaintiff should bear the reasonable costs and attorneys' fees incurred in the action's defense constituted a proper exercise of discretion ( see 22 NYCRR 130-1.1[a]). The motion court adequately set forth the grounds for exacting costs and attorneys' fees from plaintiff pursuant to 22 NYCRR § 130-1.1 and in so doing was not required to follow the procedural dictates of 22 NYCRR § 130-1.2 "in any rigid fashion" ( Benefield v. New York City Hous. Auth., 260 A.D.2d 167, 168).

M-654 — Saleh v. Hochberg, et al.

Motion seeking stay denied.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.