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MIMOUN v. ZICHERMAN
Appellate Division of the Supreme Court of New York, Second Department.
Apr 15, 2002
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ORDERED that the order is affirmed insofar as appealed from, with costs.
The Supreme Court providently exercised its discretion in denying the defendant's motion, inter alia, to impose a sanction, as the conduct at issue was not frivolous conduct proscribed by 22 NYCRR 130-1.1 (see Matter of Gavilanes v. Dilan, 281 A.D.2d 546; Gorenstein v. Debralaurie Realty Co., 280 A.D.2d 642; Matter of Christopher, 280 A.D.2d 546).
ALTMAN, J.P., FLORIO, H. MILLER and COZIER, JJ., concur.
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