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HUTTER v. CITIBANK, N.A.

2014-06732, Index No. 57298/11.

142 A.D.3d 1049 (2016)

38 N.Y.S.3d 35

NANCE M. HUTTER, Appellant, v. CITIBANK, N.A., et al., Defendants, and WATERMARK CAPITAL, INC., et al., Respondents.

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

Decided September 21, 2016.

Ordered that the order is affirmed, with costs.

"The court rule set forth in 22 NYCRR 130-1.1, which is intended to limit frivolous and harassing behavior, authorizes a court, in its discretion, to award a party in a civil action reasonable attorney's fees resulting from frivolous conduct" (Matter of Miller v Miller, 96 A.D.3d 943, 944 [2012] [citations omitted]). Conduct is frivolous if, inter alia, it is "completely without...

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