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Pinedge Associates v. Steliga Homes Corp.

December 1, 2009

PINEDGE ASSOCIATES, AND PINEDGE ASSOCIATES, LLC, AS THE SUCCESSOR IN INTEREST TO PINEDGE ASSOCIATES, PLAINTIFF-APPELLANT/ CROSS-RESPONDENT,
v.
STELIGA HOMES CORPORATION, DEFENDANT-RESPONDENT/ CROSS-APPELLANT, AND MAIN LINE REALTY, INC., DEFENDANT.



On appeal from the Superior Court of New Jersey, Law Division, Camden County, Docket No. L-4439-04.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted December 17, 2008

Remanded August 14, 2009

Resubmitted August 17, 2009

Before Judges Rodríguez and Waugh.

Plaintiffs, Pinedge Associates and Pinedge Associates, LLC (collectively "Pinedge"), appealed from the March 23, 2007 final judgment following a bench trial. The judge awarded $34,053.30 plus $11,952.34 in costs and counsel fees to Pinedge to be paid by defendant Steliga Homes Corporation (Steliga). This judgment represents an award of $55,558, less a setoff to Steliga on its counterclaim of $21,501.64. Steliga cross-appealed, arguing that it is entitled to the reasonable value of its services and challenging both the amount of the judgment and the award of counsel fees to Pinedge.

We affirmed on the appeal and the cross-appeal, except for the award of counsel fees to be paid by Steliga. We retained jurisdiction and remanded to the Law Division "for a statement of reasons for the award of counsel fees."

The judge has now provided the following statement of reasons:

After reviewing my trial notes to refresh my recollection, I calculated the attorney's fees in the following manner.

A judgment was entered for Plaintiff in the approximate amount of $55,558. This amount was offset by approximately $21,502 awarded to Defendant on its counterclaim.

The Plaintiff requested attorney's fees totaling approximately $19,877. This Court offset the requested $19,877 by a percentage equal to the percentage by which the initial judgment for Plaintiff was reduced by the counterclaim judgment awarded to Defendant.

$21,502/$55,558 ...


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