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Does New York Family/Supreme court recognize Litigation

Abuse? Is there a criteria?...
Does New York Family/Supreme court recognize Litigation Abuse? Is there a criteria?
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Answered in 2 minutes by:
3/8/2018
Damien Bosco
Damien Bosco, Attorney
Category: Legal
Satisfied Customers: 4,196
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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Can you explain a little about what happened?

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Customer reply replied 1 month ago
Hi Damien,
My ex spouse recently filed a petition for relocation which resulted in a trial and the petition was denied. Since then she has threatened to file another Order to Show cause because I added my children to my medicaid insurance and did not consult her. They do not use this coverage she provides primary coverage. Also there is no reason for me not believe that she is going to stop filing frivolous petitions.

Hold, please.

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A court may award a party costs and also sanction a party for frivolous actions.

The court, in its discretion, may award to any party or attorney in any civil action or proceeding costs in the form of reimbursement for actual expenses reasonably incurred and reasonable attorney's fees, resulting from frivolous conduct.

In addition to or in lieu of awarding costs, the court, in its discretion may impose financial sanctions upon any party or attorney in a civil action or proceeding who engages in frivolous conduct.

The court, as appropriate, may make such award of costs or impose such financial sanctions against either an attorney or a party to the litigation or against both.

Conduct is frivolous if:

(1) it is completely without merit in law and cannot be supported by a reasonable argument for an extension, modification or reversal of existing law;

(2) it is undertaken primarily to delay or prolong the resolution of the litigation, or to harass or maliciously injure another; or

(3) it asserts material factual statements that are false.

Frivolous conduct shall include the making of a frivolous motion for costs or sanctions under this section. In determining whether the conduct undertaken was frivolous, the court shall consider, among other issues the (1) circumstances under which the conduct took place, including the time available for investigating the legal or factual basis of the conduct; and (2) whether or not the conduct was continued when its lack of legal or factual basis was apparent, should have been apparent, or was brought to the attention of counsel or the party.

An award of costs or the imposition of sanctions may be made either upon motion in compliance with CPLR 2214 or 2215 or upon the court's own initiative, after a reasonable opportunity to be heard. The form of the hearing shall depend upon the nature of the conduct and the circumstances of the case.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

Damien Bosco
Damien Bosco, Attorney
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Satisfied Customers: 4,196
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