Legal Question in Civil Litigation in New York

Re: When frivolous lawsuits are filed, what can we do?

Generally, one party to a lawsuit cannot sue the other party's attorney for bringing a lawsuit he feels was frivolous. Within the lawsuit itself, this is reserved for the judge, upon motion by you or your attorney, to seek sanctions against the party and/or attorney for bringing a frivolous suit. However, there may be an exception, permitting a direct suit against an attorney, where the attorney has procured some type of provisional remedy . . . such as a temporary restrianing order, injunction or attachment against your assets. If the conduct lacked probable cause, and was ultimately vacated, there might be a claim for malicious prosecution, or abuse of process.

Re: When frivolous lawsuits are filed, what can we do?

I received your post on 9-29-2000.

in Supreme Court, pursuant to Court rules--all papers filed (this would be the Summons & Complaint) must be certified by the attorney that they are not frivolous.

Unfortunately, only litigation will determine what 'frivolous' means.

Good Luck.

RRG