CONNELL, FOLEY v. ISRAEL TRAVEL


872 A.2d 1100 (2005)

377 N.J. Super. 350

CONNELL, FOLEY & GEISER, LLP, Plaintiff/Third-Party Defendant-Respondent, v. ISRAEL TRAVEL ADVISORY SERVICE, INC., a New Jersey corporation, Marilyn Ziemke, individually, and Marilyn Ziemke, as Executrix of the Estate of Ceil Shar, deceased, Defendants/Third-Party Plaintiffs-Appellants, v. Thomas Cosma, Esq., Third-Party Defendant/Respondent. Connell, Foley & Geiser, LLP, and Thomas Cosma, Esq., Fourth-Party Plaintiffs/Cross-Respondents, v. Seyfarth, Shaw, Fairweather & Geraldson, Robert J. Mignin, Esq., Daniel J. Voelker, Esq., Christopher V. Langone, Esq., and H. Neil Broder, Esq., Fourth-Party Defendants/Cross-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided May 12, 2005.


Attorney(s) appearing for the Case

Glenn A. Bergenfield, Princeton, argued the cause for appellants.

Robert M. Vinci, Florham Park, argued the cause for fourth-party defendants/cross-appellants Seyfarth, Shaw, Fairweather & Geraldson; Robert J. Mignin, Esq.; Daniel J. Voelker, Esq.; and Christopher V. Langone, Esq. (Drinker, Biddle & Reath, attorneys; Thomas F. Campion, of counsel; Mr. Vinci and Andrew C. White, on the brief).

Gloria B. Cherry, Livingston, argued the cause for fourth-party defendant/cross-appellant H. Neil Broder, Esq. (Braff, Harris & Sukonek, attorneys; Ms. Cherry, on the brief).

James C. Orr, Newark, argued the cause for respondents/fourth-party plaintiffs/cross-respondents Connell, Foley & Geiser and Thomas Cosma, Esq. (Wilson, Elser, Moskowitz, Edelman & Dicker, attorneys; Mr. Orr and Robert A. Berns, of counsel; Mr. Berns and Amy Bales, on the brief).

Before Judges COBURN, WECKER and S.L. REISNER.


The opinion of the court was delivered by

COBURN, J.A.D.

Plaintiff, Connell, Foley & Geiser, LLP ("Connell Foley"), sued its former clients, defendants Israel Travel Advisory Service, Inc., and its principals ("ITAS"), for legal fees incurred while acting as counsel in a trial that resulted in a verdict against ITAS of over $8 million. ITAS responded with an answer and later with a counterclaim and third-party complaint, alleging that the judgment on the...

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