Prior to this non-jury trial, defendant served an offer of judgment, which plaintiff rejected. At the close of plaintiff’s case in chief, the trial judge granted defendant’s motion for involuntary dismissal under Rule 4:37-2(b). Defendant then applied for counsel fees and costs pursuant to Rule 4:58-6, which the judge denied.
The court holds that because a successful motion under Rule 4:37-2(b) results in the "dismissal of the action" and no verdict in the plaintiff's favor is rendered, the denial of fees and costs was manifestly correct. The policy reasons underlying the zero-recovery exceptions to Rule 4:58-3(c) would be undermined if such fee-shifting were permitted.