Ferolito v. Park Hill Association

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that a court may not rely solely on the fact that defendant was entitled to summary judgment to find that the non-prevailing party's claims were frivolous
• \It was error to award fees pursuant to N.J.S.A. 2A:15-59.1(b)(2) without considering whether defendants established that plaintiff commenced or continued this action in bad faith.\
• \[A]n award cannot be sustained if the 'plaintiff did not act in bad faith in asserting' or pursuing the claim.\ (quoting McKeown-Brand, 132 N.J. at 549)

Source: CourtListener parenthetical corpus (CC0).