FILED: NEW YORK COUNTY CLERK 11/23/2020 05:26 PM INDEX NO.

652122/2019
NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 11/23/2020

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK: COMMERCIAL DIVISION PART IAS MOTION 3EFM
-----------------------------------------------------------------------------------X
BRUCE BERNSTEIN, INDEX NO. 652122/2019

Plaintiff,
MOTION DATE N/A
-v-
MOTION SEQ. NO. 004
SHERYL AUFRICHTIG,

Defendant. DECISION + ORDER ON

MOTION
-----------------------------------------------------------------------------------X

HON. JOEL M. COHEN:

The following e-filed documents, listed by NYSCEF document number (Motion 004) 98, 99, 100, 101,
102, 103, 104, 105, 106, 107, 108, 109, 112, 113, 114, 115, 117, 118, 119, 120, 121, 122, 123, 124,
125
were read on this motion for SANCTIONS .

Upon the foregoing documents, and for the reasons stated on the record following oral

argument on November 23, 2020, it is

ORDERED that Defendant’s motion for an award of attorneys’ fees and for the

imposition of sanctions is GRANTED; it is further

ORDERED that Defendant’s counsel submit to the Court a bill of costs for the attorneys’

fees incurred as a result of Plaintiff’s frivolous conduct, or a mutually-agreed stipulation setting

the amount of such costs, no later than December 4, 2020; it is further

ORDERED, having determined that Plaintiff has engaged in frivolous conduct as

defined in Section 130-1.1 (c) of the Rules of the Chief Administrator, and having set out the

reasons why the conduct has been found frivolous and that sanctions should be imposed, and

having found that the amount of sanctions to be imposed is appropriate, that Plaintiff is hereby

sanctioned by this Court in the amount of $5,000.00 and shall deposit said amount with the

652122/2019 BERNSTEIN, BRUCE T vs. AUFRICHTIG, SHERYL Page 1 of 2

Motion No. 004

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FILED: NEW YORK COUNTY CLERK 11/23/2020 05:26 PM INDEX NO. 652122/2019
NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 11/23/2020

County Clerk (60 Centre Street, Room 141 B), together with a copy of this order with notice of

entry, for transmittal to the New York State Commissioner of Taxation and Finance; it is further

ORDERED that written proof of the payment of this sanction shall be provided to the

Clerk of Part 3 and opposing counsel within 30 days after service of a copy of this order with

notice of entry; it is further

ORDERED that, in the event that such proof of payment is not provided in a timely

manner, the Clerk of the Court, upon service upon him of a copy of this order with notice of

entry and an affirmation or affidavit reciting the fact of such non-payment, shall enter a judgment

in favor of the Commissioner and against Plaintiff in the aforesaid sum; it is further

ORDERED that such service upon the Clerk of the Court and the Clerk of the Part shall

be made in accordance with the procedures set forth in the Protocol on Courthouse and County

Clerk Procedures for Electronically Filed Cases (accessible at the “E-Filing” page on the court’s

website at the address www.nycourts.gov/supctmanh)]; and it is further

ORDERED that the parties are to upload a copy of the transcript of the November 23,

2020 proceedings to NYSCEF upon receipt.

This constitutes the Decision and Order of the Court.

11/23/2020
DATE JOEL M. COHEN, J.S.C.
CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION

X GRANTED DENIED GRANTED IN PART OTHER

APPLICATION: SETTLE ORDER SUBMIT ORDER

CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE

652122/2019 BERNSTEIN, BRUCE T vs. AUFRICHTIG, SHERYL Page 2 of 2

Motion No. 004

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