Search Rutgers Law Library N.J. Court Opinions

16 JOHN A. PAONE v. JOHN GROFF, SR -- rank: 748

... eight days, failing which defendant would seek damages pursuant to N.J.S.A. 2A:15-59.1. On November 20, plaintiff's counsel declined to dismiss ... action, and thereby engaged in frivolous litigation in violation of N.J.S.A. 2A:15-59.1. On March 21, 2013, plaintiff moved for summary judgment ... defendant filed a motion for frivolous litigation sanctions, pursuant to N.J.S.A. 2A:15-59.1 and Rule 1:4-8. The motion sought an ... expenses totaling $26,537.58 against plaintiff only, pursuant to N.J.S.A. 2A:15-59.1. Defendant argued that [plaintiff] knew or should have known ... by the Rule." The judge further stated, "[a]dditionally, citing N.J.S.A. 2A:15-59.1 in his [c]ounterclaim does not satisfy the requirements ... sanctions against a party's attorney, rather than pursuant to N.J.S.A. 2A:15-59.1, which permits the court to issue sanctions against ...

docket:	a0030-14
court:	NJ Superior Court Appellate Division
decided:	2015-09-01
status:	unpublished
citation:
Document Size:	28322

17 RICHARD KOCHER v. UC OVERLOOK DEVELOPMENT, LLC -- rank: 745

... legal fees for the filing of frivolous claims pursuant to N.J.S.A. 2A:15-59.1. On July 3, 2007, before the court had an ... an order granting its costs and legal fees pursuant to N.J.S.A. 2A:15-59.1, on the ground that the Amended Complaint was frivolous ... and costs in connection with the Amended Complaint pursuant to N.J.S.A. 2A:15-59.1 and Rule 1:4-8. The judge reasoned that ... the Kochers pay attorney's fees and costs, "pursuant to N.J.S.A. 2A:15-59.1 and/or R. 1:4-8." As previously noted ... s stated reasons for imposing fees and costs pursuant to N.J.S.A. 2A:15-59.1 were improper, and therefore vacate the order. "A trial ... is "frivolous" within the meaning of the Frivolous Litigation Statute, N.J.S.A. 2A:15-59.1, if filed or pursued in "bad faith, solely ...

docket:	a2917-07
court:	superior court appellate division
decided:	2010-04-22
status:	unpublished
citation:
Document Size:	95078

18 VALERIE KONEFAL v. HOWARD LANDAU -- rank: 745

... litigation attorney's fees under Rule 1:4- 8 and N.J.S.A. 2A:15-59.1 to defendant Howard Landau. 1 The parties, who are ... in fees was awarded under Rule 1:4-8 and N.J.S.A. 2A:15-59.1. However, in additional language appended to the order it ... motion for legal fees under Rule 1:4-8 and N.J.S.A. 2A:15-59.1.4 In support of his motion, Howard's attorney ... counsel fees to Howard under Rule 1:4-8 and N.J.S.A. 2A:15-59.1. In supplemental language added to the order, the judge ... a trial judge's decision to sanction a party under N.J.S.A. 2A:15-59.1 or an attorney under Rule 1:4-8 for ... v. IMO Indus., Inc., 200 N.J. 372, 385 (2009). N.J.S.A. 2A:15-59.1 and Rule 1:4-8 permit a judge ...

docket:	a2781-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-04
status:	Unpublished
citation:
Document Size:	28267

19 JOHN ZAKLAMA v. SUSANNE ZIEGLER -- rank: 732

... summary dispossession action in which the landlord contended, pursuant to N.J.S.A. 2A:15-59.1. The landlord appeals the trial court's denial of ... and that his legal contentions concerning the proper construction of N.J.S.A. 2A:15-59.1. In his analysis, the judge essentially treated such fee ... added).] The judge elaborated further on the fee-shifting issue: [ N.J.S.A. ] 2A:15-59-1 establishes the cause of action and it says that ... an unwarranted gloss to the plain and objective terms of N.J.S.A. 2A:15-59.1. Lastly, plaintiff contends that the counsel fees awarded were ... fee-shifting sanction upon plaintiff under the Frivolous Litigation Statute, N.J.S.A. 2A:15-59.1 provides that a plaintiff or defendant who prevails in ... claim or defense of the non-prevailing person was frivolous." N.J.S.A. 2A:15-59.1 and Rule 1:4-8 are limited exceptions ...

docket:	a1253-07
court:	NJ Superior Court Appellate Division
decided:	2009-07-29
status:	unpublished
citation:
Document Size:	62119

20 YELENA KATS v. TOWNSHIP OF WAYNE -- rank: 724

... for the imposition of counsel fees and costs pursuant to N.J.S.A. 2A:15-59.1 and Rule 1:4-8. For the reasons that ... counsel fees and costs under Rule 1:4-8 and N.J.S.A. 2A:15-59.1. The Township argued that plaintiffs did not have a ... to award the Township counsel fees and costs pursuant to N.J.S.A. 2A:15-59.1 and Rule 1:4-8. The court entered orders ... counsel fees and costs pursuant to the frivolous litigation statute, N.J.S.A. 2A:15-59.1, and the frivolous litigation rule, R ule 1:4 ... argument for an extension, modification or reversal of existing law. [ N.J.S.A. 2A:15-59.1b.] The frivolous litigation rule generally provides that, by signing ...

docket:	a1184-07
court:	NJ Superior Court Appellate Division
decided:	2009-02-02
status:	unpublished
citation:
Document Size:	60169

21 212 MARIN BOULEVARD LLC v. CHARLES MONTANGE, ESQ -- rank: 724

... the City sent plaintiffs a safe harbor letter pursuant to N.J.S.A. 2A:15-59.1 and Rule 1:4-8, alleging that the complaint ... s, and the Coalition's motions for counsel fees under N.J.S.A. 2A:15-59.1 and Rule 1:4-8. The plaintiffs were unsuccessful ... permitted, in appropriate cases, under Rule 1:4-8 and N.J.S.A. 2A:15-59.1(a). We disagree. "A trial judge's decision to ... discovery indicates insufficient evidentiary support[.] Rule 1:4-8 supplements N.J.S.A. 2A:15-59.1, which permits the trial judge to award all reasonable ... cross-claim or defense of the nonprevailing person was frivolous. [ N.J.S.A. 2A:15-59.1(a)(1).] To find a complaint frivolous, the judge ... argument for an extension, modification or reversal of existing law. [ N.J.S.A. 2A:15-59.1(b).] The sanctions permitted by Rule 1:4- ...

docket:	a5863-10
court:	NJ Superior Court Appellate Division
decided:	2013-05-16
status:	unpublished
citation:
Document Size:	66504

22 ANTHONY CAPPUCCIO v. BARBARA BASIA BROWN -- rank: 702

... denying her post-trial motion for fees and costs under N.J.S.A. 2A:15-59.1 and Rule 1:4-8. Plaintiff Anthony Cappuccio cross ... defendant moved for an award of fees and costs under N.J.S.A. 2A:15-59.1 and Rule 1:4-8. 1 Defendant asserted that she was entitled to fees and costs under N.J.S.A. 2A:15-59.1, claiming she was the prevailing party in the litigation ... her motion for the award of fees and costs under N.J.S.A. 2A:15-59.1 and Rule 1:4-8. Plaintiff cross-appealed the ... on a request for the award of sanctions pursuant to N.J.S.A. 2A:15-59.1 or Rule 1:4-8, we apply an abuse ... App. Div. 2008),  certif. denied ,  199 N.J. 542 (2009). N.J.S.A. 2A:15-59.1(a)(1) provides that "[a] party who prevails ...

docket:	a2300-14
court:	New Jersey Superior Court Appellate Division
decided:	2016-07-07
status:	Published
citation:
Document Size:	20691

23 HOWARD SLUPSKI VS. STEPHANIE M. KAY -- rank: 699

... sent Howard's attorney a frivolous-litigation letter pursuant to N.J.S.A. 2A:15-59.1, stating that if the complaint was not voluntarily dismissed ... Kay would seek sanctions under Rule 1:4-8 and N.J.S.A. 2A:15-59.1. Howard and his attorney did not withdraw the complaint ... 419 N.J. Super. at 498). The Frivolous Litigation Act, N.J.S.A. 2A:15-59.1, governs sanctions for frivolous litigation against a party. Under ... frivolous.'' Bove, 460 N.J. Super. at 147-48 (quoting N.J.S.A. 2A:15-59.1(a)(1)). To find that a complaint was frivolous ... argument for an extension, modification or reversal of existing law.' N.J.S.A. 2A:15-59.1(b)(1) to (2). Similarly, Rule 1:4-8 ...

docket:	a1214-22
court:	appellate
decided:	2024-06-18
status:	Unpublished
citation:
Document Size:	33819

24 A Associates Group, Inc. v. Oritani Savings Bank -- rank: 693

... authorization in violation of New Jersey’s Frivolous Litigation Statute, N.J.S.A. 2A:15-59.1. Oritani also asserted cross-claims against Sanchez.6 Prior ... the counterclaim alleging that plaintiffs violated the Frivolous Litigation Statute, N.J.S.A. 2A:15-59.1. Plaintiffs’ sole remaining claim -- for Oritani’s alleged violation ...

docket:	a-114-12
court:	NJ Supreme Court
decided:	2014-09-30
status:
citation:
Document Size:	166656

25 IN THE MATTER OF THE ESTATE OF JOHN GARAY -- rank: 685

... order, which imposed frivolous lawsuit sanctions against them pursuant to N.J.S.A. 2A:15-59.1 and Rule 1:4-8. We affirm both orders ... plaintiffs argue the certification did not meet the standards of N.J.S.A. 2A:15- 59.1. We review a judge's decision on a motion ... Levine, 382 N.J. Super. 181, 193 (App. Div. 2005). N.J.S.A. 2A:15-59.1(a)(1), which governs frivolous lawsuit claims against parties ... is not the case here. Claims against parties governed by N.J.S.A. 2A:15-59.1 are affected by the procedural but not the substantive ... argument for an extension, modification or reversal of existing law.' N.J.S.A. 2A:15-59.1(b)(1) and (2). Counts of a complaint may ... argument for an extension, modification, or reversal of existing law. N.J.S.A. 2A:15-59.1(b). Even if the amended complaint was not ...

docket:	a1735-16
court:	NJ Superior Court Appellate Division
decided:	2018-03-20
status:	unpublished
citation:
Document Size:	78576

26 ARNOLD P. FEROLITO v. PARK HILL ASSOCIATION, INC. -- rank: 685

... for fees and costs pursuant to the Frivolous Litigation Statute, N.J.S.A. 2A:15-59.1. Ferolito v. Park Hill Ass'n, Inc. , No. A ... it in the utter absence of factual or legal justification. N.J.S.A. 2A:15-59.1, "serv[es] a dual purpose. On the one hand ... solely for the purpose of harassment, delay or malicious injury," N.J.S.A. 2A:15-59.1. Id. at 559. Although claims against parties governed by N.J.S.A. 2A:15-59.1, as interpreted by the Court in McKeown-Brand , are ... attorneys and pro se litigants, claims against parties pursuant to N.J.S.A. 2A:15-59.1 must be pursued, to the extent practicable, in accordance ... The risk of losing the opportunity to recover pursuant to N.J.S.A. 2A:15-59.1 provides incentive for compliance with the notice and ...

docket:	a4985-07
court:	superior court appellate division
decided:	2009-07-27
status:	published
citation:	408 N.J. Super. 401 975 A.2d 473
Document Size:	49307

27 JACK WHITMAN v. HAROLD D. HERBERT -- rank: 680

... fees and expenses pursuant to Rule 1:4-8 and N.J.S.A. 2A:15-59.1. The court denied the motion on April 30, 2010 ... request for attorneys' fees pursuant to the frivolous litigation statute, N.J.S.A. 2A:15-59.1, and Rule 1:4-8. They claim that Whitman ... cross-claim or defense of the nonprevailing person was frivolous. [ N.J.S.A. 2A:15-59.1(a)(1).] To award costs to a prevailing party ... N.J. Super. 557 , 562-63 (App. Div. 1998) (quoting N.J.S.A. 2A:15-59.1(b)(2)). Rule 1:4-8 permits an attorney ... injury" or had no "reasonable basis in law or equity." N.J.S.A. 2A:15-59.1(b)(2). Some of the alleged claims that were ... Chancery Division's denial of their application for sanctions under N.J.S.A. 2A:15-59.1 and Rule 1:4-8. 6 Once again, ...

docket:	a4234-09
court:	NJ Superior Court Appellate Division
decided:	2012-03-13
status:	unpublished
citation:
Document Size:	66979

28 JACK WHITMAN v. HAROLD D. HERBERT -- rank: 680

... fees and expenses pursuant to Rule 1:4-8 and N.J.S.A. 2A:15-59.1. The court denied the motion on April 30, 2010 ... request for attorneys' fees pursuant to the frivolous litigation statute, N.J.S.A. 2A:15-59.1, and Rule 1:4-8. They claim that Whitman ... cross-claim or defense of the nonprevailing person was frivolous. [ N.J.S.A. 2A:15-59.1(a)(1).] To award costs to a prevailing party ... N.J. Super. 557 , 562-63 (App. Div. 1998) (quoting N.J.S.A. 2A:15-59.1(b)(2)). Rule 1:4-8 permits an attorney ... injury" or had no "reasonable basis in law or equity." N.J.S.A. 2A:15-59.1(b)(2). Some of the alleged claims that were ... Chancery Division's denial of their application for sanctions under N.J.S.A. 2A:15-59.1 and Rule 1:4-8. 6 Once again, ...

docket:	a4235-09
court:	NJ Superior Court Appellate Division
decided:	2012-03-13
status:	unpublished
citation:
Document Size:	66971

29 RITA MANTINEO v. ALLAIRE REHAB NURSING -- rank: 680

... litigation lawsuit letter, pursuant to Rule 1:4-8 and N.J.S.A. 2A:15-59.1. Defendants answered the complaint. Plaintiffs did not request any ... included a request for attorney's fees and costs, under N.J.S.A. 2A:15-59.1 and Rule 1:4-8. Plaintiffs filed a cross ... ourt does not find that this constitutes frivolous litigation under N.J.S.A. 2A:15-59.1. In addition, in denying plaintiffs' motion for partial summary ... United States v. Scurry, 193 N.J. 492, 504 (2008)). N.J.S.A. 2A:15-59.1 and Rule 1:4-8(d) permit a court ... award attorney's fees for the filing of frivolous litigation. N.J.S.A. 2A:15-59.1 states: a. (1) A party who prevails in a ... of existing law. The granting of counsel fee awards under N.J.S.A. 2A:15-59.1 has been approached with caution, 'so that while ...

docket:	a0760-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-01
status:	Unpublished
citation:
Document Size:	28545

30 MICHAELSON FOREIGN CAR PARTS v. RICHARD J. KUHN -- rank: 677

... action. Brower's answer also alleged that the complaint violated N.J.S.A. 2A:15-59.1, and stated that he would seek attorney's fees ... fees against Caufield and Kuhn under the Frivolous Litigation Statute, N.J.S.A. 2A:15-59.1. R. 1:7-4. Second, Brower apparently failed to ... a claim for fees and costs against a party under N.J.S.A. 2A:15-59.1. R. 1:4-8(f). See Toll Bros., Inc ... 8 to claims for fees and costs against parties under N.J.S.A. 2A:15-59.1). To support an award under N.J.S.A. 2A:15-59.1, the court must find that the claim was pursued ... solely for the purpose of harassment, delay or malicious injury," N.J.S.A. 2A:15-59.1(b)(1), or "[t]he non-prevailing party ...

docket:	a0909-10
court:	NJ Superior Court Appellate Division
decided:	2011-11-18
status:	unpublished
citation:
Document Size:	24395