Morrison Cohen Secures Maximum Sanctions Against “Vexatious Litigant” in Manhattan Development Dispute

Morrison Cohen secured a significant sanctions award and recovery of its client’s attorneys’ fees in an ongoing Manhattan development dispute before the New York County Supreme Court.

The proceeding arose from the client’s efforts to construct a new mixed-use building at 140 Lexington Avenue in Manhattan. The Court had previously granted the client a 12-month license to access the neighboring property. After a series of unsuccessful challenges to the Court’s rulings, the neighbor, an attorney admitted to practice in New York, continued to pursue additional motions and filings.

Justice Phaedra F. Perry-Bond denied the neighbor’s latest motion in its entirety and granted the client’s cross-motion for attorneys’ fees incurred in responding to the frivolous filings. The Court also imposed the maximum $10,000 monetary sanction for frivolous conduct against the neighbor’s law firm.

The Court found that the maximum sanction was warranted because the respondent had been “forewarned about the dubious nature of this action” and had “repeatedly engaged in vexatious litigation.” The Court further concluded that his conduct had continued despite prior monetary penalties:

The respondent’s “immediate pivot to yet another groundless motion and further abusive filings, meant solely to intimidate or harass, demonstrates that prior monetary penalties failed to deter his bad-faith tactics.”

Finding that his conduct constituted “a direct continuation of the ethical breaches previously identified,” the Court barred the neighbor from filing any further motions absent pre-approval from the Court and ordered that the record be transmitted to the Attorney Grievance Committees for both the First and Second Judicial Departments.

The Morrison Cohen team was led by Y. David Scharf, Christopher Milito and Hallie McDonald.