MEZEY v. UNITED JERSEY BANK


254 N.J. Super. 19 (1992)

603 A.2d 49

FREDERICK C. MEZEY, JOHN P. CHESTER, GREGORY PLOUSSAS, PETER J. FLEMING AND FRANK LISOWSKY, T/A THE CHESTER PARTNERSHIP, AND GLEN NEWMAN, PLAINTIFFS-APPELLANTS, v. UNITED JERSEY BANK/CENTRAL, N.A., A NATIONAL BANKING ASSOCIATION FORMED UNDER THE LAWS OF THE UNITED STATES OF AMERICA, AND EDWARD KUCHMAN AND JOYCE KUCHMAN, HUSBAND AND WIFE, DEFENDANTS-RESPONDENTS, AND BRINKERHOFF HOME BUILDERS, INC., A NEW JERSEY CORPORATION; AND THE STATE OF NEW JERSEY, DEFENDANTS. AND UNITED JERSEY BANK/CENTRAL, N.A., A NATIONAL BANKING ASSOCIATION, DEFENDANT/THIRD PARTY PLAINTIFF-RESPONDENT, v. STANLEY PURZYCKI, AND PURZYCKI & GORNEY, THIRD PARTY DEFENDANTS-RESPONDENTS, AND WAYNE W. BRINKERHOFF, CAROL BRINKERHOFF, LOUISE BRINKERHOFF, BRINKERHOFF HOME BUILDERS, INC., AND FIRST STATE BANK, THIRD PARTY DEFENDANTS. WAYNE BRINKERHOFF, CAROL ANN BRINKERHOFF, AND BRINKERHOFF CONSTRUCTION CO., PLAINTIFFS, v. UNITED JERSEY BANK/CENTRAL, N.A., JOSEPH VALES, ESQ., STANLEY PURZYCKI, PURZYCKI & GORNEY, AND HILL, WALLACK & MASANOFF, DEFENDANTS-RESPONDENTS, AND TRI-COUNTY LAWYERS SERVICE, INC., AND TRANSAMERICA TITLE INSURANCE COMPANY, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 30, 1992.


Attorney(s) appearing for the Case

Frederick C. Mezey argued the cause for appellants (Mezey, Mezey & Cohen, attorneys; Frederick C. Mezey and Mitchell Newman on the brief).

Howard A. Teichman argued the cause for respondent United Jersey Bank/Central, N.A. (Lowenstein, Sandler, Kohl, Fisher & Boylan, attorneys; Howard A. Teichman on the brief).

Cheryl L. Baratta argued the cause for respondents Edward Kuchman and Joyce Kuchman (Cheryl L. Baratta on the letter-brief).

Robert W. McAndrew argued the cause for Third Party Defendants-Respondents Stanley Purzycki and Purzycki & Gorney (Voorhees & Acciavatti, attorneys; Robert W. McAndrew on the brief).

James G. O'Donohue argued the cause for respondents Joseph Vale and Hill, Wallack & Masanoff (Hill, Wallack, attorneys; James G. O'Donohue on the brief).

Before Judges ANTELL, BAIME and THOMAS.


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

This appeal presents questions of first impression under the Notice of Settlement Act (N.J.S.A. 46:16A-1 through -5). The purpose of the Act is to eliminate problems that arise from the appearance of an unforeseen or unexpected interest or lien which is recorded between the completion of the title search and the recordation of the conveyance documents after closing. The statute permits a party to file...

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