Legal Opinion

Kaufman v. 53 Duncan Investors, L.P.

New Jersey Superior Court Appellate Division

Decided May 3, 2004PublishedCited by 6 opinions

1Opinion of the Court

The opinion of the court was delivered by

FISHER, J.A.D.

After eleven years, the rent receiver in these consolidated actions sought, among other things, to be discharged and permitted an allowance for the attorneys’ fees it had incurred. The request for fees was disallowed solely because the rent receiver never sought the court’s approval of its employment of its attorneys prior to the incurring of those fees. We reject the adoption of such an “absolute rule” in these circumstances, and remand for consideration of the necessity and reasonableness of the fees sought.

I

On July 13, 1990, appellant…

2Cases cited11 opinions

  1. Duparquet Huot & Moneuse Co. v. EvansSupreme Court of the United States · 1936
  2. State v. Otis Elevator Co.Supreme Court of New Jersey · 1953
  3. Satellite Gateway Communications, Inc. v. Musi Dining Car Co.Supreme Court of New Jersey · 1988
  4. State v. MalikNew Jersey Superior Court Appellate Division · 2003
  5. Moore v. Splitdorf Electrical Co.Supreme Court of New Jersey · 1933

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3Cited by6 opinions

  1. Krys v. AaronDistrict Court, D. New Jersey · 2015
  2. New Jersey Realty Concepts, LLC v. John MavroudisNew Jersey Superior Court Appellate Division · 2014
  3. ALMEEN PALMER VS. NEW JERSEY STATE PAROLE BOARD (NEW JERSEY STATE PAROLE BOARD)New Jersey Superior Court Appellate Division · 2017
  4. NNN Lake Center, LLC v. Township of EveshamNew Jersey Tax Court · 2014
  5. Parke Bank v. Voorhees Diner CorporationNew Jersey Superior Court Appellate Division · 2024

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