In a published decision, the Appellate Division held that when a successful motion under Rule 4:37-2(b) results in the dismissal of an action, and no verdict is rendered in the plaintiff’s favor, the denial of costs and fees is appropriate.

In 2018, J.P. Electric filed a complaint against LPMG Construction Management, according to the opinion. Before a nonjury trial, LPMG offered J.P. $5,000 to settle the claim, which the plaintiff rejected. After a two-day bench trial, the judge granted LPMG’s motion for involuntary dismissal under Rule 4:37-2(b). The defense then moved for $50,000 in counsel fees and costs under Rule 4:58-6, which was denied.