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SURF COTTAGES HOMEOWNERS ASSOCIATION, INC. v. JANEL ASSOCIATES, INC.

826 A.2d 818 (2003)

362 N.J. Super. 70

SURF COTTAGES HOMEOWNERS ASSOCIATION, INC., Plaintiff-Appellant, v. JANEL ASSOCIATES, INC., Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided July 8, 2003.

Attorney(s) appearing for the Case

Carl W. Erler, Brick, argued the cause for appellant (Berry, Sahradnik, Kotzas, Riordan & Benson, attorneys; Stephen B.

Kotzas, of counsel; Mr. Erler, on the brief).

Respondent did not participate in the appeal.

Before Judges SKILLMAN, LEFELT and WINKELSTEIN.

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

The issue presented by this appeal is whether the "amount in controversy "that determines the jurisdictional limit of the Special Civil Part under Rule 6:1-2(a)(1) includes counsel fees. We conclude that the "amount in controversy" in a Special Civil Part action excludes counsel fees that are not capable of being calculated when the action is commenced.

Plaintiff is a homeowners association...

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