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CHASE MANHATTAN BANK v. JOSEPHSON

135 N.J. 209 (1994)

638 A.2d 1301

THE CHASE MANHATTAN BANK, A NATIONAL ASSOCIATION, PLAINTIFF-RESPONDENT, v. MR. AND MRS. SEYMOUR JOSEPHSON, SHERRI BAGNELL AND ROBERT HANSELMANN, DEFENDANTS-APPELLANTS, AND SAUL WERNER AND GRACE WERNER, MATTHEW STEINFELD, KIM CAGLIARI, CORRINE MCLAUGHLIN, AND ALEX CAPRIO, DEFENDANTS.

The Supreme Court of New Jersey.

Decided April 13, 1994.

Attorney(s) appearing for the Case

Susan R. Oxford, Assistant Deputy Public Defender, argued the cause for appellants (Zulima V. Farber, Public Advocate, attorney).

Kenneth D. McPherson, Jr., argued the cause for respondent (Waters, McPherson, McNeill, attorneys; Mr. McPherson and Gregory J. Castano, of counsel; Robert J. Donaher, on the brief).

Melville D. Miller, Jr., argued the cause for amicus curiae Legal Services of New Jersey. (Mr. Miller, attorney; Mr. Miller and Stephen St. Hilaire, on the brief).

Dennis R. Casale argued the cause for amicus curiae New Jersey Bankers Association (Jamieson, Moore, Peskin & Spicer, attorneys).

Gregory C. Diebold submitted a brief on behalf of amicus curiae Hudson County Legal Services (Timothy K. Madden, Director, attorney).

Judith Trachtenberg submitted a letter brief on behalf of amicus curiae Non-Profit Affordable Housing Network of New Jersey, Inc.

The opinion of the Court was delivered by STEIN, J.

The issue presented by this appeal is whether the Anti-Eviction Act ("Act"), N.J.S.A. 2A:18-61.1 to -61.12, as amended by L. 1986, c. 138, protects tenants from eviction by foreclosing mortgagees unable to establish any of the statutory grounds for which eviction is authorized. See N.J.S.A. 2A:18-61.1. More specifically, we consider whether the 1986 amendment to N.J.S.A. 2A:18-61...

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