YAO v. BULT

The complaint was properly dismissed as alleging an extortionate contract ( see, Stone v. Freeman, 298 N.Y. 268; People v. Dioguardi, 8 N.Y.2d 260). We would add that the alleged contract is also unenforceable because incapable of complete performance before the end of a lifetime (General Obligations Law § 5-701 [a] [1]). The sanction was properly imposed upon a finding that the action was "undertaken primarily * * * to harass or maliciously injure another" ( 22 NYCRR 130-1.1 [c] [2]). We have considered plaintiff's other contentions and find them to be without merit.

Concur — Milonas, J. P., Ellerin, Nardelli and Colabella, JJ.