VAN HOUTEN v. N.J. MANUFACTURERS INSURANCE CO.


170 N.J. Super. 415 (1979)

406 A.2d 984

CORNELIUS VAN HOUTEN, PLAINTIFF-RESPONDENT, v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 5, 1979.


Attorney(s) appearing for the Case

Ms. Linda A. Palazzolo argued the cause for appellant (Messrs. Connell, Foley & Geiser, attorneys; Ms. Palazzolo on the brief.

Mr. Alfred E. Fontanella argued the cause for respondent (Messrs. Fontanella, Shashaty, Leonard & Harris, attorneys; Mr. Fontanella, of counsel and on the brief).

Before Judges FRITZ, KOLE and LANE.


PER CURIAM.

The trial judge allowed a counsel fee to plaintiff following a settlement of a claim for personal injury protection payments. The facts are set forth in the opinion of the trial judge, with one exception to be mentioned below. Plaintiff appeals the amount of the counsel fee awarded. Defendant appeals the award of any counsel fee.

R. 4:42-9(a) provides that no fee for legal services shall be allowed except as set forth in that rule. Our Supreme...

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