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LUCIANI v. HILL WALLACK

746 A.2d 1097 (1999)

329 N.J. Super. 170

Alfred J. LUCIANI, Plaintiff, v. HILL WALLACK and Matrix Capital Bank, Defendants.

Superior Court of New Jersey, Chancery Division, Atlantic County.

Decided December 15, 1999.

Attorney(s) appearing for the Case

Alfred J. Luciani, pro se.

Dakar R. Ross, Princeton, for defendants (Hill Wallack).

GIBSON, J.S.C.

I. ISSUE

This case requires the court to reexamine the standard by which one calculates counsel fees in a mortgage foreclosure action. More precisely, the question is whether R. 4:42-9 permits the court to exercise discretion with respect to the amount of the award. Also at issue is whether the resolution of this question is influenced by the Fair Foreclosure Act, N.J.S.A. 2A:50-53, to 50-68...

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