New York Court Rules authorize the imposition of costs and sanctions upon attorneys and parties who engage in frivolous litigation and appeals and engage in abusive litigation tactics. 22 NYCRR Part 130. The rules provide, among other things, that the court, in its discretion, may award to any party or attorney in any civil action, costs in the form of reimbursement for actual expenses reasonably incurred and reasonable attorney fees, resulting from frivolous conduct. In addition to or instead of awarding costs, the court may impose financial sanctions, payable to the clients’ security fund, for frivolous conduct. This sanctions rule does not apply to proceedings in town or village courts, small claims parts, and proceedings in the Family Court under Articles 3, 7, 8, or 10 of the Family Court Act. 22 NYCRR §130-1.1(a).

Frivolous conduct is defined as, among other things, conduct completely without merit in law or fact, and which cannot be supported by a reasonable argument for an extension, modification, or reversal of existing law. 22 NYCRR §130-1.1(c) (1).

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