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MAINTAINCO v. MITSUBISHI

No. A-1485-07T2

975 A.2d 510 (2009)

408 N.J. Super. 461

MAINTAINCO, INC., Plaintiff-Respondent, v. MITSUBISHI CATERPILLAR FORKLIFT AMERICA, INC., Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided July 30, 2009.

Attorney(s) appearing for the Case

Kevin McNulty and H. John Schank, II, Newark, argued the cause for appellant (Gibbons, P.C., attorneys; Mr. McNulty, Mr. Schank and Natalie H. Mantell, of counsel and on the brief; Richard B. Specter (Corbett, Steelman & Specter) of the California bar, admitted pro hac vice, on the brief).

Theodore Margolis argued the cause for respondent (Norris, McLaughlin & Marcus, P.A., attorneys; Mr. Margolis, Jeremy I. Silberman and Haekyoung Suh, of counsel and on the brief).

Before Judges LISA, REISNER and SAPP-PETERSON.

The opinion of the court was delivered by

LISA, P.J.A.D.

The dispute in this appeal involves application of provisions of the Franchise Practices Act (Act), N.J.S.A. 56:10-1 to -15. After a bench trial, the court found that defendant, the franchisor, breached the franchise agreement and violated the Act. The court awarded plaintiff compensatory damages of $734,000. Plaintiff then sought a counsel fee award as authorized by the Act. See N.J.S.A.<...

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