04-2-9915 Vinick, Esq. v. Lipka, App. Div. (per curiam) (7 pp.) Defendants appeal from an order directing them to pay $49,205.24 to plaintiff’s attorney, representing counsel fees and expenses. Plaintiff afforded defendants the option of arbitrating a dispute over his fees, but they declined. He then began suit to collect the balance he alleged was due and owing, $76,224.17. The matter was arbitrated pursuant to Rule 4:21A, and plaintiff was awarded the full amount. Defendants rejected the arbitration award and sought a trial de novo. Plaintiff filed and served an offer of judgment, offering to take judgment in his favor for $63,500. Defendants responded with an offer to have judgment entered against them for $5,000, including counsel fees and costs. The matter proceeded to trial; the jury found that all defendants other than Shelly Lipka were liable to plaintiff for the full amount of counsel fees he claimed. Plaintiff then filed a motion for fees under Rule 4:58-5, which the trial court granted. Here, the appellate panel rejects defendants’ contention that the trial court erred and that the trial court should have denied plaintiff’s motion for fees because the position they took at trial was legitimate and reasonable. [Decided Nov. 1, 2010.]
