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FAGAS v. SCOTT

251 N.J. Super. 169 (1991)

597 A.2d 571

IRMA FAGAS, PLAINTIFF, v. PETER J. SCOTT, DEFENDANT-COUNTERCLAIMANT THIRD PARTY PLAINTIFF, v. BENE NEW HOPE, INC., THIRD PARTY DEFENDANT.

Superior Court of New Jersey, Law Division Essex County.

Decided June 11, 1991.

Attorney(s) appearing for the Case

Margaret Dee Hellring for plaintiff (Hellring, Lindeman, Goldstein & Siegal, attorneys; Jonathan L. Goldstein of counsel).

Morris M. Schnitzer for defendant.

VILLANUEVA, J.S.C.

After plaintiff instituted a complaint solely to eject defendant from her home, defendant filed an answer, a ten-count counterclaim and a third-party complaint. Plaintiff prevailed on all issues1 at the trial and now seeks to be reimbursed for her legal fees and litigation expenses under N.J.S.A. 2A:15-59.1, the so-called frivolous litigation statute (the "act"). Defendant denies that plaintiff is entitled to...

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