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Panel Boosts Sanctions Over ‘Entirely Frivolous’ Appeal


— July 14, 2006

Acting on its own initiative, the Appellate Division, 1st Department, has sanctioned a Manhattan litigator and his client for pursuing an “entirely frivolous” appeal.

In a dispute over the failed negotiations to purchase a Soho building, Matthew Hearle of Goldberg Weprin & Ustin and his client Yenom Corp. had already been sanctioned nearly $35,000 by Manhattan Supreme Court Justice Karen S. Smith.

Thursday’s appellate decision, Yenom Corp. v. 155 Wooster Street Inc., 108563/04, could add additional costs and attorney fees in excess of $70,000.

The underlying action stemmed from Yenom’s unsuccessful efforts to buy a corporation whose sole asset was an eight-story, mixed-use building on the corner of Wooster and Houston streets.

Details here from the New York Law Journal via Law.com.


Acting on its own initiative, the Appellate Division, 1st Department, has sanctioned a Manhattan litigator and his client for pursuing an “entirely frivolous” appeal.

In a dispute over the failed negotiations to purchase a Soho building, Matthew Hearle of Goldberg Weprin & Ustin and his client Yenom Corp. had already been sanctioned nearly $35,000 by Manhattan Supreme Court Justice Karen S. Smith.

Thursday’s appellate decision, Yenom Corp. v. 155 Wooster Street Inc., 108563/04, could add additional costs and attorney fees in excess of $70,000.

The underlying action stemmed from Yenom’s unsuccessful efforts to buy a corporation whose sole asset was an eight-story, mixed-use building on the corner of Wooster and Houston streets.

Details here from the New York Law Journal via Law.com.

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