GROSS v. KURK

Ordered that the judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

Under the circumstances of this case, the Supreme Court providently exercised its discretion in imposing costs and attorneys fees pursuant to CPLR 8303-a solely against the plaintiff ( see, CPLR 8303-a [b].

Rosenblatt, J.P., Sullivan, Joy, Altman and Luciano, JJ., concur.