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Article: Commentary: What's the difference between sanction and cost?
- Article from:
- Daily Record (Rochester, NY)
- Article date:
- January 13, 2009
- Author:
CopyrightCopyright 2009 Daily Record (Rochester, NY). Provided by ProQuest LLC. (Hide copyright information)
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For engaging in frivolous conduct, Part 130 of the Rules of Court
authorizes two remedies: The court may grant an award of costs or
impose sanctions.
What is the difference?
Costs are paid to another party
Costs, as set forth in 22 NYCRR [section]130-1.1(a), are "in the
form of reimbursement for actual or expenses reasonably incurred and
reasonable attorney's fees."
They are to be paid to an opposing party as payment for engaging
in frivolous conduct.
Sanctions paid to Lawyers' Fund
In contrast, sanctions are a financial penalty that go to the
State of New York. More precisely, sanctions are deposited with the
Lawyers' Fund for Client Protection. [section]130-1.3.
$10,000 max
With ...