GORGENS v. McGOVERN

Decision Pursuant to Rule 1:28.

The portion of the February 28, 2002, judgment dismissing the plaintiff's complaint is affirmed. The portion of the judgment awarding damages to the defendants on their counterclaim pursuant to G.L. c. 93A (count II) is reversed. Insofar as the judgment allows the defendants' request for attorney's fees under G.L. c. 231, § 6F, it is affirmed. The portion of the judgment awarding the defendants attorney's fees in the amount of $233,415.57 plus costs is vacated, and the case is remanded to the Superior Court for a determination of the defendants' attorney's fees and costs attributable solely to defending against the plaintiff's promissory note claim.