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DiMISA v. ACQUAVIVA

A-35 September Term 2008

969 A.2d 1091 (2009)

198 N.J. 547

Frank DiMISA, Judy Morris, Beth Thomas-Edwards, each individually and as partners and on behalf of 61 East Main St., a general partnership, Plaintiffs-Respondents, v. Ronald ACQUAVIVA, Defendant, and R.E. Investors Ltd., Inc. and Christopher Acquaviva, Defendants-Appellants.

Supreme Court of New Jersey.

Decided April 14, 2009.

Attorney(s) appearing for the Case

Eliot L. Greenberg, New York City, argued the cause for appellants (Rosner Nocera & Ragone, attorneys).

John J. Pribish, Princeton, argued the cause for respondents (Blank Rome, attorneys).

Justice LONG delivered the opinion of the Court.

At issue in this appeal is the so-called third-party exception to the American Rule governing counsel fees, which provides for an award to a litigant who, through the fault of another, is required to institute or defend an action involving a third party. The trial judge ruled that under the facts presented, the third-party exception was inapplicable. The Appellate Division disagreed. DiMisa v. Acquaviva,

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