ORO v. VASPOLI CONSTRUCTION COMPANY


172 N.J. Super. 447 (1980)

412 A.2d 827

ANTONIO ORO AND NORBERTO TORRIENTE, PLAINTIFFS, v. VASPOLI CONSTRUCTION COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY AND JOSEPH VASPOLI, DEFENDANTS AND THIRD-PARTY PLAINTIFFS, v. LEE A. GARELL AND BONITA B. GARELL, HIS WIFE, THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, District Court — Atlantic County.

January 17, 1980.


Attorney(s) appearing for the Case

Cosmo A. Giovinazzi, III for plaintiffs (Tuso, Gruccio, Pepper, Buonadonna, Giovinazzi and Butler, attorneys).

Charles Gemmel for defendants and third-party plaintiffs (Previti, Todd and Gemmel, attorneys).

Jeffrey Gold for third-party defendants.


CONNOR, J.D.C.

This matter involving certain contractual disputes was settled pursuant to stipulation of the parties. As part of that stipulation the entitlement of plaintiff to recover counsel fees from defendants Garell was left to the court's determination, it having been agreed that any obligation for counsel fees would be borne by the Garells.

The claimed obligation to pay counsel fees arises out of paragraph three of a promissory note dated December...

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