The New Jersey Appellate Division sided with a plaintiff attorney and partially reversed a Passaic County Superior Court summary judgment ruling over legal fees but remanded the case for a different trial court to consider, agreeing with the lawyer that the original court should be disqualified under Rule 1:12(1)(d).

Arnold G. Shurkin, a licensed New Jersey attorney since 1963, filed suit against Elar Realty and a number of individual defendants for payment of $52,062.05 in legal fees. The suit alleged breach of contract, book account and quantum merit. Shurkin appealed a Passaic County Superior Court ruling denying his motion for summary judgment, dismissing his complaint with prejudice and rejecting his recusal request, according to the opinion.