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GROBER v. KAHN

47 N.J. 135 (1966)

219 A.2d 601

MAURICE W. GROBER, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. HERMAN KAHN, GERTRUDE KAHN, ALICE BROOKS AND CAROL WEINTRAUB, DEFENDANTS-APPELLANTS AND CROSS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided May 2, 1966.

Attorney(s) appearing for the Case

Mr. Walter D. Van Riper argued the cause for defendants-appellants and cross-respondents (Mr. Van Riper and Mr. Charles E. Villanueva, of counsel; Messrs. Van Riper and Belmont, attorneys).

Mr. Israel B. Greene argued the cause for plaintiff-respondent and cross-appellant (Mr. Greene and Mr. Laurence B. Orloff, on the brief; Mr. Greene, attorney).

The opinion of the court was delivered by WEINTRAUB, C.J.

The question is whether plaintiff is entitled to counsel fees and expenses incurred in proving his case. The trial court held our rule of court did not authorize an allowance. Grober v. Kahn, 83 N.J.Super. 382 (Ch. Div. 1964). The Appellate Division, holding there was power to make an award, remanded the matter to the trial court for reconsideration in...

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