A court may also order counsel fees to sanction “frivolous conduct” by a party during the proceeding. 22 NYCRR 130-1.1. Conduct is frivolous if it:
- is completely without merit in law and cannot be supported by a reasonable argument for an extension, modification, or reversal of existing law;
- is undertaken primarily to delay or prolong the resolution of the litigation, or to harass or maliciously injure another; or
- asserts material factual statements that are false.
Id. Interestingly, frivolous claims of frivolous conduct are, in and of themselves, frivolous conduct!
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