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DIMISA v. ACQUAVIVA

Docket No. A-0993-06T3.

947 A.2d 168 (2008)

400 N.J. Super. 307

Frank DiMISA, Judy Morris, Beth Thomas-Edwards, each individually and as partners and on behalf of 61 East Main St., a general partnership, Plaintiffs-Appellants, v. Ronald ACQUAVIVA, R.E. Investors Ltd., Inc., and Christopher Acquaviva, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided May 16, 2008.

Attorney(s) appearing for the Case

Blank Rome LLP, Cherry Hill, for appellants (John J. Pribish and Virginia G. White, of counsel and on the brief).

Rosner Nocera & Ragone, New York City, for respondents (Eliot L. Greenberg and Anna S. Park, on the brief).

Before Judges AXELRAD, PAYNE and MESSANO.

The opinion of the court was delivered by

PAYNE, J.A.D.

In this appeal, we are called upon to determine whether attorneys' fees incurred in setting aside a judgment against a partnership on its note secured by a mortgage, improperly procured by the son of a partner through a corporation he had established to accept assignment of the note and mortgage, constitute recoverable compensatory damages that would serve as...

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