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McCORRISTIN v. SALMON SIGNS

244 N.J. Super. 503 (1990)

582 A.2d 1271

ROBERT MCCORRISTIN AND SHEILA MCCORRISTIN, PLAINTIFFS-APPELLANTS, v. SALMON SIGNS T/A JOHN DOE OWNER AND/OR JOHN DOE CORPORATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 28, 1990.

Attorney(s) appearing for the Case

Stephen B. Patrick, attorney for appellants.

No brief was filed by respondent.

No other parties participated in this appeal.

Before Judges PETRELLA, MUIR, Jr., and BROCHIN.

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

The issue in this appeal is whether the mortgagees of property, which has been the subject of waste or damage, have sufficient legal or equitable interest in the mortgaged property to give them standing to sue a third party for damages to the mortgaged property. The Law Division Judge concluded on defendant's summary judgment motion that the mortgagees had to have legal title, not equitable title, at the...

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