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WYNFIELD CORP. v. KILLAM ASSOCIATES

895 A.2d 1192 (2006)

385 N.J. Super. 20

WYNFIELD CORPORATION, a Corporation of the State of New Jersey, individually and on behalf of the class of all others similarly situated, Plaintiff-Appellant/Cross-Respondent, v. KILLAM ASSOCIATES, Defendant-Respondent/Cross-Appellant, and Hamburg Borough and Sussex County Construction Board of Appeals, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided April 24, 2006.

Attorney(s) appearing for the Case

Anthony J. Sylvester, Morristown, argued the cause for appellant/cross-respondent (Riker Danzig Scherer Hyland & Perretti, attorneys; Mr. Sylvester, of counsel; Caroline A. Antonacci, on the brief).

James J. Shrager, Bridgewater, argued the cause for respondent/cross-appellant (Norris, McLaughlin & Marcus, attorneys; Mr. Shrager, of counsel; Padraig P. Flanagan and Janine N. Matton, on the brief).

Before Judges WEFING, WECKER and FUENTES.

The opinion of the court was delivered by

FUENTES, J.A.D.

In this suit alleging improper billing brought by a developer against the municipally-retained engineering firm that oversaw its project, plaintiff, Wynfield Corporation, appeals from the Law Division's denial of its motions for class certification, for partial summary judgment on the class action counts in its complaint, and for counsel fees. Plaintiff contends that the trial court erred in concluding...

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