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KAUFMAN v. 53 DUNCAN INVESTORS

847 A.2d 35 (2004)

368 N.J. Super. 501

Eleanor KAUFMAN, Edward J. Mahoney, Carol Hakim, Lynn B. Delprado, Hung Wong, Kam Mar Wong, Angelo M. Bonoam, Jr., Eugenio R. Villaluz, Armulto E. Martinez, Peggy Cham, Edwin A. Buch, Aster J. Mererete, Latew Getahun, Michael M. Crowley, Leslie Jo Morgan, Shawn Banner, and Phylise Banner, individually and on behalf of the Berkley-Carteret Arms Association, Inc., a New Jersey non-profit corporation, Plaintiffs, v. 53 DUNCAN INVESTORS, L.P., Segall, Edward Segall, and Leonard Bayer, Defendants. Halpat Partnership Limited, a New Jersey limited partnership, Plaintiff-Respondent/Cross-Appellant, v. 53 Duncan Investors, L.P., a New Jersey limited partnership, and Berkeley-Carteret Arms, a condominium, Defendants, and Zepka/Goldberg Real Estate Company, Inc., Appellant/Cross-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided May 3, 2004.

Attorney(s) appearing for the Case

Bross, Cummings & Pereira, Newark, attorneys for appellant/cross-respondent (Helen A. Cummings, on the brief).

Koles, Burke & Bustillo, Jersey City, attorneys for respondent/cross-appellant (Jonathan Koles and Paul Laracy, on the brief).

Before Judges COBURN, WELLS and C.S. FISHER.

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

After eleven years, the rent receiver in these consolidated actions sought, among other things, to be discharged and permitted an allowance for the attorneys' fees it had incurred. The request for fees was disallowed solely because the rent receiver never sought the court's approval of its employment of its attorneys prior to the incurring of those fees. We reject the adoption of such an "absolute rule" in these...

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