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HONEYCREST HOLDINGS, LTD. v. INTEGRATED BRANDS, INC.

283 A.D.2d 398 (2001)

723 N.Y.S.2d 892

HONEYCREST HOLDINGS, LTD., Plaintiff, v. INTEGRATED BRANDS, INC., Defendant. LESTER SCHWAB KATZ & DWYER, L. L. P., et al., Nonparty Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided May 7, 2001.

Ordered that on the Court's own motion, the notice of appeal is deemed an application for leave to appeal, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,

Ordered that the order is reversed, as a matter of discretion, without costs or disbursements, and the sanctions are vacated.

Under the circumstances of this case, the Supreme Court improvidently exercised its discretion in imposing sanctions upon the...

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