Shapiro v. Magaziner

Opinion by

Mr. Justice Cohen,

This is an appeal from an order of the lower court in equity directing plaintiff-appellant to pay “costs and reasonable counsel fees” incurred by defendantappellees “if suit is commenced anew.” The order was entered in connection with the granting of plaintiff-appellant’s motion for a voluntary nonsuit of his shareholder’s derivative action. The order must be modified to exclude the allowance of reasonable counsel fees.

“ ‘Over and over again we have decided there can be no recovery for counsel fees from the adverse party to a cause, in the absence of express…