KAPLAN, J.
The plaintiff, Quest Systems, Inc. (Quest), moved during the preliminaries of the action, before trial, to dismiss it without prejudice. A judge of the Superior Court dismissed the action with prejudice. He denied any award of counsel fees to the defendant Dr. Zepp. Quest appeals, protesting the "with prejudice" feature of the dismissal; Zepp cross-appeals, protesting the refusal to allow counsel fees. We hold that there was insufficient basis for imposing...
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