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BEST v. C & M DOOR CONTROLS, INC.

No. A-3801-06T2

953 A.2d 775 (2008)

402 N.J. Super. 229

Thomas BEST, Plaintiff-Respondent/Cross-Appellant, v. C & M DOOR CONTROLS, INC., Defendant-Appellant/Cross-Respondent, and Christopher O'Keefe and Michael Craven, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided August 19, 2008.

Attorney(s) appearing for the Case

John F. Casey, West Orange, argued the cause for appellant/cross-respondent (Wolff & Samson, P.C., attorneys; Mr. Casey and Kiran V. Somashekara, on the brief).

Steven J. Greenstein, Rahway, argued the cause for respondent/cross-appellant (Tobin, Reitman, Greenstein, Caruso, Wiener & Konray, P.C., attorneys; Mr. Greenstein, on the brief).

Before Judges STERN, SAPP-PETERSON and MESSANO.

The opinion of the court was delivered by

MESSANO, J.A.D.

In this appeal, we consider the interplay between two competing public policies, each of which are fostered by the award of counsel fees to the prevailing party in the litigation. On the one hand, our Legislature has adopted certain fee-shifting statutes requiring or permitting an award of counsel fees to a prevailing plaintiff in order "to ensure `that plaintiffs with bona fide claims are able to find...

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