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D. RUSSO, INC. v. TP. OF UNION

Docket No. A-0763-09T1

9 A.3d 1089 (2010)

417 N.J. Super. 384

D. RUSSO, INC., d/b/a Hott 22, Plaintiff-Appellant, v. TOWNSHIP OF UNION, Defendant-Respondent. Expo Video Unlimited, LLC, and Bokram, Inc., d/b/a Video Extra, Plaintiffs-Appellants, v. Township of Union, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided December 29, 2010.

Attorney(s) appearing for the Case

Verdiramo & Verdiramo and Daniel R. Aaronson (Benjamin & Aaronson), attorneys for appellants ( Vincent S. Verdiramo , Jersey City, and Mr. Aaronson, of counsel and on the brief).

LaCorte, Bundy, Varady & Kinsella, attorneys for respondent ( Robert F. Varady , Union, of counsel and on the brief).

Before Judges SKILLMAN, PARRILLO and YANNOTTI.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

The New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to -2, includes a provision that authorizes a court to award "the prevailing party" reasonable attorney's fees and costs, N.J.S.A. 10:6-2(f). The issue presented by this appeal is whether a party who brings an action under the Civil Rights Act that results in a change in defendant's conduct may...

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