Harold J. Cohen v. C. Keefe Hurley

A trial Judge did not err in awarding attorney's fees and expenses pursuant to a motion under G. L. c. 231, § 6F, to the defendants in a civil action where a Conclusion was warranted that the plaintiff's claim was ""wholly insubstantial, frivolous, and not advanced in good faith"" within the meaning of § 6F; nor did a single Justice of this court who, in accordance with § 6G, reviewed the trial Judge's award, err in modifying the order appealed from by adding an additional sum for attorney's fees. [440-441] A single Justice of this court, who, in accordance with G. L. c. 231, § 6G, reviewed a trial Judge's award of attorney's fees and expenses to the defendants in a civil action, did not err in allowing a further $2,000 as reimbursement for the fees and expenses incurred by the defendants in connection with the plaintiff's appeal to the single Justice, where the single Justice could conclude that the plaintiff's initiation of an appeal to diminish or eliminate the trial Judge's award was not reasonable, even though the plaintiff's opposition to the defendants' cross appeal for an increase of the award may have been reasonable. [441]