Appellate Division of the Supreme Court of the State of New York January 25, 2011 (Kremen v. Benedict P. Morelli & Associates, P.C.)

*522Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered January 26, 2010, which, sua sponte, directed defendant law firm to pay $6,000 to the Lawyers’ Fund for Client Protection, pursuant to 22 NYCRR 130-1.1, for engaging in frivolous motion practice, unanimously reversed, on the facts, without costs, and the order vacated.

The parties have been to this court before.