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PACKARD-BAMBERGER & CO., INC. v. COLLIER

771 A.2d 1194 (2001)

167 N.J. 427

PACKARD-BAMBERGER & CO., INC., a New Jersey Corporation; American Beauty Parlor, Inc., a New Jersey Corporation; John Packard and Lynn Packard, Plaintiffs-Appellants, v. Andrew COLLIER; Packard's Travel Agency, Inc. and Hudson Valley Realty Corp., Defendants & Third Party-Plaintiffs, and Daniel Amster and Amster & Rosensweig, Esqs., Defendants-Respondents, and Alfiero Palestroni, Third-Party Defendant & Defendant on the Counterclaim.

Supreme Court of New Jersey.

Decided May 30, 2001.

Attorney(s) appearing for the Case

Clark E. Alpert, West Orange, argued the cause for appellants (Alpert Butler & Sanders, attorneys; Mr. Alpert and David N. Butler, on the briefs).

Theodore L. Abeles, Newark, argued the cause for respondents (Tompkins, McGuire, Wachenfeld & Barry, attorneys; Mr. Abeles, Marianne Espinosa Murphy and Brian M. English, on the brief).

The opinion of the Court was delivered by VERNIERO, J.

The principal issue in this appeal is whether the trial court erred in awarding counsel fees to plaintiffs in connection with their suit brought against a corporate director who also served as legal counsel to the corporation. Finding intentional misconduct on the part of the attorney-director, the trial court awarded counsel fees on the basis of Saffer v. Willoughby...

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