GILBERT v. ESC


745 A.2d 568 (2000)

328 N.J. Super. 231

Morton GILBERT, Plaintiff-Respondent, v. ELECTRO-STEAM GENERATOR CORP., Defendant-Appellant, and Jewish Community Center of Greater Monmouth County, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided February 10, 2000.


Attorney(s) appearing for the Case

Avolio & Hanlon, Lawrenceville, for defendant-appellant (Robert P. Avolio, on the brief).

Hanna & Anderson, Wall, for plaintiff-respondent (Robert M. Anderson, on the brief).

Before Judges KING, PAUL G. LEVY and CARCHMAN.


The opinion of the Court was delivered by PAUL G. LEVY, J.A.D.

Defendant, Electro-Steam Corporation (ESC) appeals from the denial of its motion for an award of counsel fees based on a claim of frivolous litigation. We conclude the motion judge did not abuse his discretion in denying fees and affirm for the reasons expressed by the judge.

The underlying cause of action arose from plaintiff's claims for damages arising from injuries sustained from a slip and...

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