CASEY v. BRENNAN


801 A.2d 245 (2002)

173 N.J. 177

Kathryn CASEY and Sheila Gagliano, Plaintiffs-Appellants, and Carol de Sanctis, John Everitt and Thomas Morrissey, individually and as representative of the subclass of non-recovering shareholders, and Stuart L. Pachman, as interim representative of the subclass of recovering shareholders, Plaintiffs-Respondents, v. George G. BRENNAN, Joseph J. DiSepio, Patricia M. Keys, Frank T. Kurzawa, George E. Scharpf and Harold G. Smith, Defendants, and Amboy Bancorporation, a New Jersey corporation and New Amboy, INC., a New Jersey corporation, Defendants-Respondents, and Jonathan Heilbrunn, Robert D. O'Donnell and Carmen Yacuzzio, Defendants, and Susan Hermanos, Defendant-Intervernor.

Supreme Court of New Jersey.

Decided July 16, 2002.


Attorney(s) appearing for the Case

David R. Strickler, Somerville, argued the cause for appellants (Norris, McLaughlin & Marcus, attorneys).

Dennis T. Kearney, Morristown, argued the cause for respondents Amboy Bancorporation and New Amboy, Inc. (Pitney, Hardin, Kipp & Szuch, attorneys; Mr. Kearney and Helen A. Nau, on the brief).

Lisa J. Rodriguez, Haddonfield, submitted a letter in lieu of brief on behalf of the respondents Carol De Sanctis, John Everitt, Thomas Morrissey and Stuart L. Pachman (Rodriguez & Richards, attorneys, Cherry Hill).


PER CURIAM.

Based on the Court's grant of a cross-petition for certification filed by plaintiffs Kathryn Caesy and Sheila Gagliano, 170 N.J. 389 (2001), the sole issue before us is whether appellants can be considered statutory dissenters pursuant to N.J.S.A. 14A:11-1 in connection with their efforts to secure an award of counsel and expert fees.1 In respect of that issue, the judgment of the Appellate Division is affirmed, substantially...

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