Case Type
Holdover
Court
Appellate Division, First Department
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
570667/23
Petitioner
Yucca Holding Corp.
Respondent
Natalie Labarre, Rose Labarre, and Camile Labarre, "John Doe" and "Jane Doe"
Judge
Hagler, P.J., Tisch, J.
Decision/Order Date
2023-11-17
Posture
Post-answer Motion by Landlord
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In Yucca Holding Corp. v Labarre, the appellate court affirmed the lower court's denial of the landlord's motion for costs and sanctions in a holdover summary proceeding. The court ruled that the conduct of the respondents' counsel, though arguably improper, did not warrant sanctions under 22 NYCRR § 130-1.1, as it did not rise to the level of frivolous conduct. Despite directing the client not to answer three questions during the deposition, the conduct was not egregious enough to justify imposing monetary sanctions and awarding legal fees and costs. The court highlighted that the questions were eventually answered without court intervention, leading to the affirmation of the lower court's decision.
Recommended Citation
"Yucca Holding Corp. v. Labarre" (2023). All Decisions. 1362.
https://ir.lawnet.fordham.edu/housing_court_all/1362
