05-29-09 UNITED HEARTS, L.L.C. v. MOZAFAR ZAHABIAN, a/k/a MIKE
ZAHABIAN and ZAN ASSOCIATES, L.L.C.
A-6234-07T3
For purposes of imposing sanctions pursuant to Rule 1:4-
8(b), a pleading cannot be considered frivolous, nor can an
attorney be deemed to have litigated the matter in bad faith,
when the trial court denies summary judgment claim and allows the matter to proceed to trial.
Richard Sadowski
Assistant Editor
