BROGAN CAD.-OLDS. CORP. v. CENT. JERSEY BK. & TR


190 N.J. Super. 500 (1983)

464 A.2d 1141

BROGAN CADILLAC-OLDSMOBILE CORP., PLAINTIFF-APPELLANT, v. THE CENTRAL JERSEY BANK AND TRUST COMPANY, DEFENDANT AND THIRD-PARTY PLAINTIFF-RESPONDENT, v. JOSEPH GEORGE MARZENO, A/K/A J. MARIZENA, A/K/A FRANK RUSSO, THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided May 4, 1983.


Attorney(s) appearing for the Case

Michael J. Sweeney argued the cause for appellant (Cole, Geaney, Yamner & Byrne, attorneys; Peter R. Bray and Michael J. Sweeney on the brief).

J. Peter Sokol argued the cause for the respondent (McOmber & McOmber, attorneys).

Before Judges MICHELS, PRESSLER and TRAUTWEIN.


PER CURIAM.

We affirm the judgment substantially for the reasons set forth in Judge Schwartz' opinion reported at 183 N.J.Super. 333 (Law Div. 1981).

We further note that in the context of this transaction, defendant bank should be held to no higher standard of care than any other business entity whose checks are stolen. The check here was neither a certified check nor a cashier's check, both of which imply a guarantee...

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