NAPPE v. ANSCHELEWITZ, BARR, ANSELL & BONELLO


97 N.J. 37 (1984)

477 A.2d 1224

MORITZ NAPPE, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. ANSCHELEWITZ, BARR, ANSELL & BONELLO, A NEW JERSEY PARTNERSHIP, AND RICHARD BONELLO, DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS, AND PETER DENIGRIS, MARIO LATELLA, GEORGE DALEY, MICHAEL J. SANDOMENO, AVENEL BOULEVARD, INC., JOHN BONELLO, HOWARD C. PETERSON, JAY HARRIS LATIMER, SAMUEL H. BALLAM, JR., FRED WOLFE, JR., ROBERT D. BERNHEIM, S. DAVIDSON HERRON, JR., MATTHEW B. WEINSTEN AND JAMES SMITH, AS TRUSTEES OF FIDELCO GROWTH INVESTORS, A BUSINESS TRUST EXISTING UNDER THE LAWS OF PENNSYLVANIA, MORTGAGE TRUSTS OF AMERICA, INC., A CALIFORNIA TRUST, DRIFTWOOD ASSOCIATES, INC., A NEW JERSEY CORPORATION, AND JERSEY SHORE BANK AND PETER BIEL, DEFENDANTS.

The Supreme Court of New Jersey.

Decided July 2, 1984.


Attorney(s) appearing for the Case

Arthur H. Miller argued the cause for appellant and cross-respondent (Miller & Littman, attorneys; N. Harry Maskin, on the briefs).

Theodore W. Geiser argued the cause for respondents and cross-appellants (Connell, Foley & Geiser, attorneys; Theodore W. Geiser and John F. Neary, of counsel; John F. Neary, on the briefs).


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

The primary issue raised by this case is whether a cause of action for legal fraud exists in the absence of compensatory damages.1 A related issue is whether punitive damages may be awarded in the absence of a compensatory damage award in an action for legal fraud. These issues arose when the jury awarded plaintiff $2 as nominal damages against...

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