Frivolous Conduct New York

In Navin v. Mosquera (30 AD3d 883, 817 N.Y.S.2d 705 3d Dept 2006) the Court instructed that when considering if specific conduct is sanctionable as frivolous, "courts are required to examine whether or not the conduct was continued when its lack of legal or factual basis was apparent or should have been apparent' (22 NYCRR 130-1.1 c)." The Court, in Sakow ex rel. Columbia Bagel, Inc. v. Columbia Bagel, Inc. (6 Misc 3d 939, 943, 792 N.Y.S.2d 321 Sup Ct, New York County 2004), held that "in assessing whether to award sanctions, the Court must consider whether the attorney adhered to the standards of a reasonable attorney (Principe v. Assay Partners, 154 Misc 2d 702, 586 N.Y.S.2d 182 Sup Ct, NY County 1992)."