September 20, 2010
AMPER, POLITZINER & MATTIA, PLAINTIFF,
JEAN PIRONE, DEFENDANT-RESPONDENT, AND UMBERTO PIRONE, DEFENDANT, AND PELLETTIERI, RABSTEIN AND ALTMAN, DEFENDANTS-APPELLANTS.
On appeal from Superior Court of New Jersey, Law Division, Special Civil Part, Mercer County, Docket No. DC-001806-09.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted September 14, 2010
Before Judges Messano and Waugh.
Defendant Pellettieri, Rabstein & Altman (PRA), a law firm, appeals the order of the Special Civil Part requiring it to pay $2,355.65 in counsel fees to defendant Jean Pirone in connection with a collection action filed against them, and PRA's client Umberto Pirone, by plaintiff Amper, Politziner & Mattia (APM), an accounting firm. APM had acted as an expert in business evaluation during the Pirones' divorce action. The fees were awarded pursuant to an indemnification agreement dated August 6, 2008, in which PRA and Umberto Pirone agreed to hold Jean Pirone harmless in the event APM made a claim against them. The indemnification included counsel fees and costs of suit. Having reviewed the issues raised on appeal, we find them to be totally without merit and not warranting discussion in a written opinion. R. 2:11-3(e)(1)(E). Consequently, we affirm for the reasons stated by Judge F. Patrick McManimon in his comprehensive oral decision of December 22, 2009.
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