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HOWARD v. DIOLOSA

241 N.J. Super. 222 (1990)

574 A.2d 995

ALVAH VAN ORDEN HOWARD AND LUCY MARINO HOWARD, PLAINTIFFS-RESPONDENTS, v. JOSEPH DIOLOSA AND NANUET NATIONAL BANK, DEFENDANTS-APPELLANTS. NANUET NATIONAL BANK, THIRD-PARTY PLAINTIFF-APPELLANT, v. FRANK J. FLACCAVENTO, THIRD-PARTY DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 17, 1990.

Attorney(s) appearing for the Case

John Fiorello argued the cause for appellant Joseph Diolosa (Feldman, Feldman, Hoffmann & Fiorello, attorneys, Linda M. Couso on the brief).

Donald L. Berlin argued the cause for appellant Nanuet National Bank (Berlin, Kaplan, Dembling & Burke, attorneys, Colleen M. Ready on the brief).

G. Thomas Breur argued the cause for respondents Alvah Van Orden Howard and Lucy Marino Howard (Breur & Breur, attorneys).

Jamieson, Moore, Peskin & Spicer, attorneys for New Jersey Bankers Association submitted a brief amicus curiae (Dennis R. Casale of counsel and on the brief, Guy F. Clerici on the brief).

No appearance on behalf of respondent Frank J. Flaccavento.

Before Judges DEIGHAN, R.S. COHEN and BROCHIN.

The opinion of the court was delivered by COHEN, R.S., J.A.D.

Plaintiffs Alvah and Lucy Howard deeded their home to defendant Joseph Diolosa for $25,000 and an uncertain leaseback arrangement. Diolosa then mortgaged the property to defendant Nanuet National Bank for $100,000. The Howards sued to set aside the deed and void the mortgage. Diolosa counterclaimed for unpaid rent. Nanuet crossclaimed against Diolosa for indemnification and filed a third-party complaint...

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