01-2-3455 Bostanci v. New Jersey City University , App. Div. (per curiam) (7 pp.) The final agency decision of the Division on Civil Rights — concluding that no probable cause existed to establish that defendant-university or its officials had engaged in age-based discriminatory or retaliatory conduct in disciplining and eventually terminating appellant — is affirmed. The division did not undertake its review in an unfair or unreasonable manner nor is its finding contrary to the administrative record, particularly given the lack of corroboration of appellant’s claims. [Decided April 13, 2009.]
ATTORNEY/CLIENT
04-2-3456 Capogrosso v. Ruane & Zuber, L.L.C. , App. Div. (per curiam) (10 pp.) After plaintiff’s action seeking a partial return of a retainer she had paid defendants was postponed several times at her request, her attorney appeared and asked that the matter be dismissed without prejudice. The trial court properly exercised its discretion in granting the motion but erred in ordering that the dismissal would be with prejudice unless she reimbursed defendants, who represented themselves, for all of the attorneys’ fees and costs incurred in the litigation. The dismissal without prejudice is affirmed but the condition imposed is reversed and the matter remanded for entry of an order requiring defendants to file a certification of fees and costs incurred to prepare for and appear on the scheduled trial dates at which plaintiff did not appear, requiring plaintiff to pay the fees and costs found reasonable, and providing that the dismissal will be with prejudice on her failure to pay by the date specified. [Decided April 13, 2009.]
