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SILVA v. AUTOS OF AMBOY, INC.

267 N.J. Super. 546 (1993)

632 A.2d 291

NYDIA SILVA, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. AUTOS OF AMBOY, INC., A CORPORATION OF THE STATE OF NEW JERSEY, INDIVIDUALLY AND T/A CENTURY CHEVROLET, CENTURY CHEVROLET, CARL OLIVEIRA AND AL BEYROUTY, INDIVIDUALLY AND AS OFFICERS AND EMPLOYEES OF CENTURY CHEVROLET, DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS, AND MIDLANTIC NATIONAL BANK, A BANKING ORGANIZATION DOING BUSINESS IN NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided October 25, 1993.

Attorney(s) appearing for the Case

Mark R. Silber, attorney for appellant/cross-respondent (Mr. Silber and Michael I. Josephs on the brief).

Greenbaum, Rowe, Smith, Ravin & Davis, attorneys for respondents/cross-appellants (William D. Grand, of counsel; Drew M. Hurley and Steven A. Lang on the brief).

Before Judges KING, HAVEY and RODRIGUEZ.

The opinion of the court was delivered by HAVEY, J.A.D.

In this action instituted under the New Jersey Consumer Fraud Act (Act), N.J.S.A. 56:8-1 to -60, the trial judge divided plaintiff's adjusted counsel fee demand by the number of counts in plaintiff's complaint and awarded a fee in the amount of $1,232.50. We reverse. Such a mechanical approach is contrary to the spirit and underlying remedial purpose of the Act. When separate claims in a complaint share...

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