The opinion of the court was delivered by BROCHIN, J.A.D.
This defamation action was dismissed with prejudice by an order for summary judgment in defendants' favor that was filed April 27, 1995. By a notice of motion filed December 11, 1995, defendants moved "for an order awarding counsel fees and costs pursuant to N.J.S.A. 2A:15-59.1, the New Jersey Frivolous Claims Act." After oral argument of the motion, the motion judge stated:
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