State by Commissioner of Transp. v. Mandis
| Decision Date | 21 April 1972 |
| Citation | 290 A.2d 154,119 N.J.Super. 59 |
| Parties | STATE of New Jersey, BY the COMMISSIONER OF TRANSPORTATION, Plaintiff-Appellant, v. John N. MANDIS et al., Defendants-Respondents. |
| Court | New Jersey Superior Court — Appellate Division |
Alfred L. Nardelli, Deputy Atty. Gen., for appellant (George F. Kugler, Atty. Gen., attorney; Stephen Skillman, Asst. Atty. Gen., of counsel; Roger L. Hillman, Deputy Atty. Gen., on the brief).
Marvin H. Gladstone, Hackensack, for respondent (Gladstone, Hart, Kronenberg, Mandis, Rathe & Shedd, Hackensack, attorneys).
Before Judges LABRECQUE, KOLOVSKY and ALLCORN.
Condemnation commissioners found that the value of defendants' property being taken by plaintiff was $66,700. On appeal, a jury found the value to be $82,000. Defendants unsuccessfully moved for a new trial or for entry of judgment n.o.v. in the sum of $125,000, which they claimed was the true value of the property. (Plaintiff had originally offered $53,000).
On May 1, 1970 judgment was entered on the jury verdict awarding defendants $82,000 plus interest at 6% Per annum from April 14, 1969, the date the complaint was filed, it appearing that the plaintiff had not taken possession until after the jury verdict.
On July 23, 1970 defendants filed a notice of motion for an order awarding them alleging that they were entitled thereto under the authority of N.J. Tpk. Authority v. Bayonne Barrel & Drum Co., 110 N.J.Super. 506, 266 A.2d 164, an opinion filed in the Law Division on April 27, 1970.
Relying on that case, the trial court here on November 13, 1970 entered an order granting defendants' motion and setting the matter down for hearing as to amount of counsel fees and witness fees to be awarded. Following that hearing the court, on April 8, 1971, entered an 'amended judgment,' adding to the amounts set forth in the final judgment of May 1, 1970 'as additional compensable costs and expenses' to be paid by plaintiff to defendant, the sum of $5600.'
Plaintiff appeals from the amended final judgment. We reverse. The Supreme Court's ruling in Housing Authority, Long Branch v. Valentino, 47 N.J. 265, 268, 220 A.2d 196, 198 (1966) is dispositive:
With respect to the order denying counsel and expert witness fees, again we find no error. There is no provision in the statute for them. And the application for counsel fees is not within the scope of our existing rule. See R.R. 4:55--7 (now R....
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