KANENGISER v. KANENGISER


248 N.J. Super. 318 (1991)

590 A.2d 1223

GEROLD KANENGISER, PLAINTIFF, v. SIDNEY KANENGISER, ALAN JACOBSON, JEANNE KANENGISER, CARL WEINER, BARBARA KANENGISER, EXECUTRIX OF THE ESTATE OF IRVING KANENGISER, SIDNEY KANENGISER, AS SOLE SURVIVING TRUSTEE OF THE ESTATE OF FANNIE KANENGISER, SIDNEY KANENGISER, AS SOLE SURVIVING TRUSTEE OF THE ESTATE OF MORRIS KANENGISER, ROSE JACOBSON REVOCABLE TRUST, LENARD JACOBSON, COUNTY ARENA, INC., A CORPORATION OF NEW JERSEY IN DISSOLUTION, KENDALL PARK ROLLER RINK, A CORPORATION OF NEW JERSEY IN DISSOLUTION, BAYSHORE ROLLER RINK, INC., A CORPORATION OF NEW YORK IN DISSOLUTION, SILLS, CUMMIS, ZUCKERMAN, RADIN, TISCHMAN, EPSTEIN AND GROSS, A PROFESSIONAL CORPORATION, AND GERALD SPAN, INDIVIDUALLY, DEFENDANTS.

Superior Court of New Jersey, Law Division Essex County.

Decided March 14, 1991.


Attorney(s) appearing for the Case

Joseph Gordon for plaintiff (Gordon & Kanengiser, attorneys).

Jerald D. Baranoff for defendants Sills, Cummis, Zuckerman, Radin, Tischman, Epstein & Gross and Gerald Span (Sills, Cummis, Zuckerman, Radin, Tischman, Epstein & Gross, attorneys; Jerald D. Baranoff of counsel and on the brief; Anthony J. Monaco on the brief).

Sheppard A. Guryan for defendants Sidney Kanengiser and Alan Jacobson (Lasser, Hochman, Marcus, Guryan & Kuskin, attorneys).


VILLANUEVA, J.S.C.

Plaintiff's complaint contains four causes of action, the principal one alleging that an attorney's letter seeking repayment of legal fees is "libelous and actionable per se." This letter sought the return of the excess over what the attorney alleged to have been the reasonable legal fee and questioned the propriety of a brokerage commission and stated defendants' intention to seek arbitration of the reasonableness of the legal fee before the appropriate...

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