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KESSLER v. TARRATS

194 N.J. Super. 136 (1984)

476 A.2d 326

SHELDON KESSLER, PLAINTIFF-APPELLANT, v. DANIEL TARRATS; BARONE BARREL & DRUM CO., A PROPRIETORSHIP; BARONE HAZARDOUS WASTE MANAGEMENT CORP., A N.J. CORP.; CARSHEL REALTY COMPANY, A PARTNERSHIP; FOAM CRAFT CORP., A N.J. CORP.; IRWIN, POST & ROSEN, P.A.; EMPLOYERS INSURANCE OF WASSAU, DEFENDANTS, AND CITY OF PATERSON, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY; STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 1, 1984.

Attorney(s) appearing for the Case

Grabow, Verp & Leddy, attorneys for appellant (Richard J. Savino on the brief).

Ralph L. DeLuccia, Jr., Corporation Counsel, attorney for respondent, City of Paterson (Julie M. Romaniw, Assistant Corporation Counsel, on the letter brief).

Irwin I. Kimmelman, Attorney General of New Jersey, attorney for respondent, State of New Jersey (Deborah T. Poritz, Deputy Attorney General, of counsel; Howard B. Epstein, Deputy Attorney General, on the brief).

No other briefs were filed.

Before Judges BISCHOFF, PETRELLA and BRODY.

The opinion of the court was delivered by PETRELLA, J.A.D.

The trial court held that the Spill Act gave the State of New Jersey a paramount lien over the City of Paterson's preexisting tax lien and the interests of the assignee of a mortgage in Kessler v. Tarrats, 191 N.J.Super. 273 (Ch.Div. 1983). Paterson and the holder of the mortgage appeal. We affirm.

On December 21, 1976 Carshel Realty, a partnership owned...

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