Southern Blvd. Sound, Inc. v. Felix Storch, Inc

In Southern Blvd. Sound, Inc. v. Felix Storch, Inc. (167 Misc 2d 731 [App Term 1st Dept 1996]) the court denied defendant's request for sanctions and stated in relevant part, that "while in appropriate circumstances a baseless request for sanctions itself may constitute frivolous conduct within the meaning of rule 130 (see, Patterson v. Balaquiot, 188 AD2d 275), it has not been shown in this case that the sanctions request accompanying defendant's dismissal motion was frivolous. The thin record so far developed, limited in scope to the narrow issue of the facial sufficiency of the short-form complaint, provides no basis to assess either the substantive merits of plaintiffs' stated cause of action or the bona fides of defendant's sanctions request in response thereto." (Id.).