Legal Question in Civil Litigation in New York

Cost and Sanctions under rule 22 NYCRR � 130-1.1 ( c )

Defines if conduct is frivolous in (3) different ways.

Question � Do all (3) have to be met to define frivolous conduct or just (1) of them needs to be met to define frivolous conduct?

Is it correct that (1) and (2) have to be met or (1) and (3) have to be met in order to define frivolous conduct?


Asked on 1/16/14, 12:20 pm

1 Answer from Attorneys
David Simon Hogan & Rossi

Just one of them.

Applying basic rules of construction, if it said (1); (2); AND (3), then all three criteria would need to be met.

However, this section reads (1); (2); OR (3), which means any one of them.

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Answered on 3/13/14, 7:48 pm


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