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FARMERS & MERCHANTS NAT. BANK OF BRIDGETON v. COTLER

225 N.J. Super. 160 (1988)

541 A.2d 1123

THE FARMERS & MERCHANTS NATIONAL BANK OF BRIDGETON, PLAINTIFF, v. ABE COTLER, ET AL., DEFENDANTS.

Superior Court of New Jersey, Chancery Division Cumberland County.

Decided January 14, 1988.

Attorney(s) appearing for the Case

Keron D. Chance for plaintiff (Chance & McCann, attorneys).

Cosmo A. Giovinazzi, III for defendant Abe Cotler (Gruccio, Pepper, Giovinazzi & DeSanto, attorneys).

PORRECA, J.S.C.

Defendants move to vacate a judgment for attorney's fees awarded pursuant to R. 4:42-9(a)(4).1 The only other opinion interpreting this provision of the rule reached a contrary conclusion. Levine v. Levine, 210 N.J.Super. 585 (Ch.Div. 1986).

The underlying action arose out of a foreclosure suit based on a 1979...

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