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Appellate Division, Second Department · September 23, 2026 · 2026 NY Slip Op 05397

Matter of Kopald v Town of Highlands N.Y. Zoning Bd. of Appeals

Read the official decision: 2026 NY Slip Op 05397

Holding The Appellate Division affirmed the money judgment awarding attorneys’ fees and imposing a monetary sanction on the petitioner for frivolous conduct. The court held that the lower court providently exercised its discretion in determining the amount of fees and sanctions, noting that the failure to submit a retainer agreement was not fatal to the fee application.

The court’s words

The amount of costs or sanctions a court determines to impose is generally entrusted to the court's sound discretion

2026 NY Slip Op 05397, at the official text

the court providently exercised its discretion in awarding the Tonnesons attorneys' fees in the sum of $15,000

2026 NY Slip Op 05397, at the official text

the Supreme Court providently exercised its discretion in imposing a monetary sanction upon the petitioner in the sum of $10,000

2026 NY Slip Op 05397, at the official text
CourtAppellate Division, Second Department
DecidedSeptember 23, 2026
Citation2026 NY Slip Op 05397
Area of lawCivil Procedure
WeekWeek ending September 26, 2026
Official textOfficial decision: 2026 NY Slip Op 05397
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id168
Related recordsMatter of Kopald v Town of Highlands N.Y. Zoning Bd. of Appeals, 2026 NY Slip Op 05396

Recommended citation

ESQ HQ, New York Law Watch, Matter of Kopald v Town of Highlands N.Y. Zoning Bd. of Appeals, 2026 NY Slip Op 05397 (Appellate Division, Second Department, September 23, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05397/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published September 23, 2026. Updated September 23, 2026.