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CURTIS v. TABAK IS TRIBECA, LLC

2218N, 102071/15.

144 A.D.3d 509 (2016)

2016 NY Slip Op 07612

41 N.Y.S.3d 41

W. ROBERT CURTIS, ESQ., Respondent, v. TABAK IS TRIBECA, LLC, et al., Appellants.

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

Decided November 15, 2016.

There is no support in the record for defendants' contention that plaintiff's conduct was "undertaken primarily to delay or prolong the resolution of the litigation" (22 NYCRR 130-1.1 [c] [2]; compare Pickens v Castro, 55 A.D.3d 443 [1st Dept 2008], with Lusker v 85-87 Mercer St. Assoc., 272 A.D.2d 278 [1st Dept 2000]). The only document that plaintiff filed in this action was

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