Appellant failed to produce any evidence at trial to support his claim of an agreement whereby defendant, his client, would receive for free the 1200 brochures (worth more than $11,000) printed by plaintiff. Long after expiration of the 30-day period for objecting to the invoice, appellant charged that plaintiff's effort to collect the contracted fee was based on fraud and extortion. In a letter to plaintiff's counsel in 1998, this "former Assistant District Attorney for the State of New York" threatened criminal prosecution if plaintiff pursued such an "illegal" claim. A year later, after plaintiff had commenced this action for recovery on its account stated, appellant again wrote to plaintiff's counsel, stating that he was "continuing to investigate the extremely serious issues regarding the commission of felony and other related offenses by [plaintiff's principal] and yourself [emphasis added], . . . involv[ing] perjury [emphasis in original] . . . Contempt . . . and other related crimes." Even after plaintiff's counsel sought sanctions from the court for such in terrorem tactics, appellant moved to hold plaintiff, its principal and counsel in contempt for perjury. Such baseless threats constituted frivolous conduct undertaken primarily to harass and intimidate an adversary, and to frustrate resolution of this commercial litigation ( see 22 NYCRR 130-1.1 [c][2]). We have considered and rejected appellant's remaining arguments.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.