especially hard to believe given the fact that at the May 11, 1995 hearing on Genesis and Aerostar’s motions for summary judgment, ERG did not even try to argue for the validity of its first and second causes of action. Quite to the contrary, ERG’s counsel candidly conceded that ERG had no evidence whatsoever to substantiate its claims of copyright infringement of the Inflatimation Elf and Soldier costumes. ERG attempts to justify its retention of these claims on the ground that it would have been legal malpractice for its counsel to remove such perfectly valid claims from the complaint. Given the fact that ERG had no evidence at all to support these claims — even after three years and numerous depositions — it would hardly have been legal malpractice to drop such claim (2d Cir.1984) (<HOLDING>). B. Reasonableness of the Amount of Attorney’s
holding that where the plaintiffs copyright infringement claim was without a reasonable legal basis an award of attorneys fees to the defendants was a proper exercise of judicial discretion holding proper basis for award of fees holding that attorneys fees and statutory damages were unavailable because the copyright was not registered at the time the alleged infringement occurred holding that it was not an abuse of discretion for the court to deny an award of attorneys fees to the wife holding that plaintiffs equal protection conspiracy claim which was the basis of the lawsuit was groundless and thus defendants were entitled to an award of attorneys fees