03-2-4654 Khoury v. Ghoul, App. Div. (per curiam) (18 pp.) This appeal arises out of litigation between two former business partners, which was referred to a private arbitrator. After the arbitration was partially completed, plaintiff voluntarily dismissed his claims on certain specified conditions. Defendant then sought to recover counsel fees, contending that he had been forced to defend a frivolous complaint. The appellate panel affirms the trial court’s denial of defendant’s fee application, concluding that the trial court did not misapply the law, nor did it abuse its discretion, in rejecting defendant’s motion. Although plaintiff’s claims of financial harm may have been exaggerated, they were not shown to be “completely untenable” and plaintiff’s claims for monetary redress were not patently unfounded.
