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PORRECA v. CITY OF MILLVILLE

Docket No. A-1185-09T1.

16 A.3d 1057 (2011)

419 N.J. Super. 212

Paul R. PORRECA, Plaintiff-Appellant, v. CITY OF MILLVILLE, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided: January 24, 2011.

Attorney(s) appearing for the Case

Steven E. Angstreich argued the cause for appellant (Weir & Partners LLP, attorneys; Mr. Angstreich and Amy R. Brandt , on the briefs).

Gerald J. Corcoran argued the cause for respondent (Montgomery, McCracken, Walker & Rhoads, LLP, attorneys; Mr. Corcoran , and Linwood and Georgette Fries , Cherry Hill, on the brief).

Before Judges AXELRAD, R.B. COLEMAN, and LIHOTZ.

The opinion of the court was delivered by

AXELRAD, P.J.A.D.

Plaintiff appeals from an order of the Law Division denying his request for attorney's fees following settlement of prerogative writs litigation under the "fund in court" exception to the general rule that parties are responsible for their own attorney's fees. R. 4:42-9(a)(2). The court found this exception inapplicable because the municipality made "substantial efforts" before the institution...

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