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EVANS v. PRUDENTIAL PROPERTY AND CASUALTY INS.

233 N.J. Super. 652 (1989)

559 A.2d 888

JAN R. EVANS AND MICHAELYN P. EVANS, H/W, PLAINTIFFS, v. THE PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, PAUL WIGAND, AND "DAVID DOLES," SAID NAME(S) BEING FICTITIOUS AND UNKNOWN; JOINTLY, SEVERALLY AND/OR IN THE ALTERNATIVE, DEFENDANTS.

Superior Court of New Jersey, Law Division Burlington County.

Decided May 5, 1989.

Attorney(s) appearing for the Case

Richard E. Yaskin for plaintiffs (Jan R. Evans, attorney).

Joshua Wall for defendants The Prudential Property and Casualty Insurance Company and Wigand (Cozen and O'Connor, attorneys).

GOTTLIEB, J.S.C.

Plaintiffs have moved to dismiss the counterclaim asserted by defendants The Prudential Property & Casualty Insurance Company ("Prudential") and Paul Wigand ("Wigand"). Plaintiffs contend, under R. 4:6-2(e), that the counterclaim fails to set forth a claim upon which relief can be granted. They seek, additionally, reasonable attorney fees under N.J.S.A. 2A:15-59.1. This legislation...

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