Perez v. Professionally Green, LLC, A-66 September Term 2011; Supreme Court; opinion by Patterson, J.; decided September 12, 2013. On certification to the Appellate Division. [Sat below: Judges Gilroy and Nugent in the Appellate Division.] DDS No. 09-1-1304 [30 pp.]
The issue in this appeal is whether plaintiffs, whose pretrial motion for partial summary judgment was granted on the issue of a technical violation of the New Jersey Consumer Fraud Act (CFA) but was denied on the issue of ascertainable loss, may recover attorney fees under the CFA after their CFA claim was involuntarily dismissed under Rule 4:37-2(b).
