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Current Developments in the Commercial Divisions of the
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Posted: June 2, 2017

Second Department Upholds Sanction Enjoining Party From Bringing New Actions Without Permission

On May 24, 2017, the Second Department issued a decision in DiSilvio v. Romanelli, 2017 NY Slip Op. 04097, upholding sanctions for abuse of judicial process, explaining:

Public policy mandates free access to the courts and zealous advocacy is an essential component of our legal system. However, where there has been an abuse of judicial process, the court may enjoin a litigant from further actions or motion practice without prior written approval of the court. Since an abuse of the judicial process occurred in this case, the Supreme Court properly granted those branches of the cross motion of the plaintiffs and the nonparties Steven R. Schlesinger and Jaspan Schlesinger, LLP, which were to permanently enjoin the appellant from filing any additional papers in the instant action or the 2008 Action, or from commencing any new action against the plaintiffs or those nonparties, without prior court approval.

(Internal quotations and citations omitted).

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