07/14/2026
Thank you, :
"The Appellate Division, First Department, handed down a decision that should be required reading for attorneys tempted to shift their own sanctions onto a client's tab.
In Slabakis v. Poyiadjis, a trial court hit the plaintiff’s attorney with a $24,045 sanction for frivolous conduct. However, the subsequent order accidentally assessed the sanction against the client instead of the attorney.
The court later corrected it to put the bill back on the lawyer. The lawyer appealed, arguing the change was improper.
The First Department was not amused and held:
1️⃣ Correcting the name from client to counsel was a purely "ministerial" amendment under CPLR 5019(a). It didn't affect substantial rights because the court’s intent to sanction the lawyer was already crystal clear.
2️⃣ A formal motion wasn't even required to fix it.
The Kicker? 💥 The First Department found the appeal itself to be frivolous, calling it a dilatory attempt by the attorney to evade the order and shift a hefty penalty onto his own client.
The Result: Remanded back down to calculate the additional attorneys' fees and costs the defendants racked up defending the appeal.
The Takeaway: If you get hit with a 22 NYCRR 130-1.1 sanction, trying to use a typo to make your client pay the bill is a great way to get sanctioned twice. 💼👇"
