Search Rutgers Law Library N.J. Court Opinions

211 OAK TREE CASH CARRY LLC v. 1630 OAK TREE, LLC -- rank: 489

... asserted a cause of action under the frivolous claims statute, N.J.S.A. 2A:15-59.1(b). The court dismissed the claim against Batra based ... s fees from C&C under the frivolous claims statute, N.J.S.A. 2A:15-59.1(b).6 The court found the firm of Robbins ... three, which it characterized as a frivolous litigation claim, see N.J.S.A. 2A:15-59.1(b), because defendants failed to serve Batra with the ...

docket:	a4380-18
court:	NJ Superior Court Appellate Division
decided:	2020-11-30
status:	Unpublished
citation:
Document Size:	41443

212 MELANIE A. DUBOIS A/K/A MELANIE A. BRODEUR v. MARTIN BRODEUR -- rank: 486

... the standard of bad faith adopted for awarding fees under N.J.S.A. 2A:15-59.1, the frivolous claims statute, is equally applicable to N ... not synonymous with "frivolity" as that term is used in N.J.S.A. 2A:15-59.1. Moreover, a mistaken or frivolous position, as opposed to ...

docket:	A1665-05
court:	NJ Superior Court Appellate Division
decided:	2007-07-13
status:	unpublished
citation:
Document Size:	146258

213 WINBERRY REALTY PARTNERSHIP v. AMERICAN TAX FUNDING LLC -- rank: 486

... fees and costs pursuant to Rule 1:4-8 and N.J.S.A. 2A:15-59.1. We have considered the arguments of the parties, as ...

docket:	a5289-12
court:	NJ Superior Court Appellate Division
decided:	2015-02-19
status:	unpublished
citation:
Document Size:	37977

214 SERGE POLAJENKO v. JONATHAN CRAWFORD -- rank: 486

... the claims were frivolous, citing Rule 1:4-8 and N.J.S.A. 2A:15-59.1, and demanding the action's dismissal; plaintiff's counsel ... award of sanctions against plaintiff and his attorney pursuant to N.J.S.A. 2A:15-59.1 and Rule 1:4-8. Before the motion was ...

docket:	a1403-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-27
status:	unpublished
citation:
Document Size:	29954

215 IN THE MATTER OF THE ESTATE OF MARK A. RAYNER -- rank: 483

... also denied defendant's request for frivolous litigation fees under N.J.S.A. 2A:15-59.1(a). 4 The court awarded $9,751 in counsel fees to the 4 N.J.S.A. 2A:15-59.1(a) provides: A party who prevails in a civil ...

docket:	a2619-20
court:	NJ Superior Court Appellate Division
decided:	2023-11-09
status:	Unpublished
citation:
Document Size:	55086

216 LISA VAN HORN v. HARMONY SAND & GRAVEL, INC -- rank: 483

... 2007) (explaining the interplay between R. 1:4-8 and N.J.S.A. 2A:15- 59.1 when an application for sanctions is directed against a ... of costs and fees against a represented party pursuant to N.J.S.A. 2A:15-59.1, the Frivolous Litigation Statute, the Supreme Court has held ...

docket:	a4298-15
court:	NJ Superior Court Appellate Division
decided:	2017-11-08
status:	unpublished
citation:
Document Size:	21999

217 ROBERT ZIENUIK v. RUDOLPH MICKLES -- rank: 483

... cross-claim or defense of the nonprevailing person was frivolous. [ N.J.S.A. 2A:15-59.1a(1).] In Estate of Ehrlich , we explained the differences ... the pleading to raise only good faith legal claims, and N.J.S.A. 2A:15-59.1b(2), which involves the party/client: To award costs ... was without [any reasonable] basis in law or equity . . . .'" (quoting N.J.S.A. 2A:15-59.1(b)(2)). Rule 1:4-8 also permits an ...

docket:	a2385-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-12
status:	unpublished
citation:
Document Size:	27039

218 GREGORY SACCO et al. v. JOHN E. MAZIARZ, ESQ., et al. -- rank: 480

... the trial judge with discretion to make this award, see N.J.S.A. 2A:15-59, and we find no abuse of her discretion on this ...

docket:	A1847-03
court:	NJ Superior Court Appellate Division
decided:	2006-02-21
status:	unpublished
citation:
Document Size:	77182

219 FIRST ATLANTIC FEDERAL CREDIT UNION v. CHARLES S. PEREZ -- rank: 480

... and costs "pursuant to R [ ule ] 1:4-8 and N.J.S.A. 2A:15-59.1." Lira Capital cross-moved for dismissal of BOA's ... 15A-30 to -52; the UCC; the Frivolous Litigation statute, N.J.S.A. 2A:15-59.1, and Rule 1:4-8; and the common law ... entitlement to attorney's fees under the Frivolous Litigation statute, N.J.S.A. 2A:15-59.1, a party must "prevail". Fagas v. Scott , 251 N ...

docket:	a4645-05
court:	njappellate
decided:	2007-03-27
status:	published
citation:	391 N.J. Super. 419
Document Size:	30157

220 WILLINGBORO MALL, LTD. v. 240/242 FRANKLIN AVENUE, L.L.C. -- rank: 480

... judge also denied defendants' claim for counsel fees pursuant to N.J.S.A. 2A:15-59.1. On appeal, plaintiff argues that Rule 1:40-4 ... the order denying their application for attorneys' fees pursuant to N.J.S.A. 2A:15-59.1, the frivolous litigation rule, or Rule 4:58-1 ...

docket:	a4598-09
court:	NJ Superior Court Appellate Division
decided:	2011-08-09
status:	published
citation:	421 N.J. Super. 445 24 A.3d 802
Document Size:	31178

221 ELITE HOME FASHION LIMITED LIABILITY COMPANY v. ELITE HOME FASHIONS LLC -- rank: 480

... cross-claim or defense of the nonprevailing person was frivolous. [ N.J.S.A. 2A:15-59.1(a)(1).] In Estate of Ehrlich , we explained the ... the pleading to raise only good faith legal claims, and N.J.S.A. 2A:15-59.1(b)(2), which involves the party/client. To award ... was without [any reasonable] basis in law or equity . . . .'" (quoting N.J.S.A. 2A:15-59.1(b)(2)). 2 Rule 1 :4-8 also permits ...

docket:	a2429-12
court:	NJ Superior Court Appellate Division
decided:	2014-09-24
status:	unpublished
citation:
Document Size:	20546

222 DEFALCO INSTANT TOWING, INC v. CITY OF SUMMIT -- rank: 480

... the complaint in accordance with Rule 1:4-8 and N.J.S.A. 2A:15-59.1. DeFalco did not withdraw the amended complaint, prompting Brookside ... for counsel fees pursuant to Rule 1:4-8 and N.J.S.A. 2A:15:59-1. Relying on Printing Mart-Morristown v. Sharp Elecs., Inc ... for counsel fees pursuant to Rule 1:4-8 and N.J.S.A. 2A:15-59.1. We disagree. In order to recover fees from an ...

docket:	a2889-08
court:	superior court appellate division
decided:	2010-07-16
status:	unpublished
citation:
Document Size:	61188

223 STUART SACKMAN v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY -- rank: 480

... conduct proscribed pursuant to Rule 1:4-8(a) and N.J.S.A. 2A:15-59.1 as "frivolous litigation." As our colleague Judge Lyons made ...

docket:	a3230-13
court:	NJ Superior Court Appellate Division
decided:	2016-04-26
status:	published
citation:	445 N.J.Super. 278 137 A.3d 1204
Document Size:	66188

224 Glenn Ollendorf v. LACEL MONK -- rank: 478

... N.J. Super. 156 , 159 (Ch. Div. 1969). See also N.J.S.A. 2A:15-59. Costs under the rule are those authorized by statute, N ... entitled to recover expert fees under the frivolous litigation statute, N.J.S.A. 2A:15-59.1, because that statute allows recovery of "all reasonable litigation ...

docket:	a5031-05
court:	njappellate
decided:	2007-08-02
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	59269

225 IN THE MATTER OF THE TRUST OF RAY D. POST -- rank: 475

... He rejected Valley's reliance upon the frivolous litigation statute, N.J.S.A. 2A:15-59.1, and Rule 1:4-8 because the sisters prevailed ...

docket:	a0929-16
court:	NJ Superior Court Appellate Division
decided:	2018-08-15
status:
citation:
Document Size:	68704