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SUSSNA ASSOC. v. RANDOLPH TP., MORRIS CTY.

122 N.J. Super. 458 (1973)

300 A.2d 857

STEPHEN SUSSNA ASSOCIATES, PLAINTIFF-RESPONDENT, v. RANDOLPH TOWNSHIP IN MORRIS COUNTY, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 27, 1973.

Attorney(s) appearing for the Case

Messrs. Villoresi and Flanagan, attorneys for appellant (Mr. David J. Marshall on the brief).

Mr. Victor Walcoff, attorney for respondent.

Before Judges CARTON, MINTZ and HORN.

The opinion of the court was delivered by HORN, J.S.C., Temporarily Assigned.

Defendant appeals from the determination of an amount allowed to it for attorney's fee pursuant to R. 4:58-3, which reads as follows:

If the offer of a party other than the claimant is not accepted and the determination is at least as favorable to the offeror as his offer, he shall be allowed, in addition to costs of suit, a reasonable attorney's fee, not exceeding $750.00...

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