KHOUDARY v. SALEM COUNTY


260 N.J. Super. 79 (1992)

615 A.2d 281

SAM KHOUDARY, PLAINTIFF-RESPONDENT, v. SALEM COUNTY BOARD OF SOCIAL SERVICES, ERRONEOUSLY DESIGNATED AS SALEM COUNTY WELFARE BOARD, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 30, 1992.


Attorney(s) appearing for the Case

John Ford Evans argued the cause for appellant.

Nicholas Khoudary argued the cause for respondent.

Before Judges ANTELL, DREIER and VILLANUEVA.


The opinion of the court was delivered by VILLANUEVA, J.S.C. (Temporarily Assigned).

Defendant appeals from an order denying its motion to be awarded attorneys fees against the plaintiff under the frivolous litigation statute, N.J.S.A. 2A:15-59.1 (the "Act"). We reverse.

I.

Plaintiff's complaint demanded rent of $550 per month for October, November and December of 1990, and $825 as a security...

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