MIDLAND LUMBER & SUPPLY v. J.P. BUILDERS


265 N.J. Super. 246 (1993)

626 A.2d 89

MIDLAND LUMBER & SUPPLY, INC., PLAINTIFF, v. J.P. BUILDERS; JOHN H. PISACANO; JOHN AND ROSALIE FERRARI; AND UNITED JERSEY BANK, DEFENDANTS.

Superior Court of New Jersey, Law Division Somerset County.

Decided March 19, 1993.


Attorney(s) appearing for the Case

Steven H. Marks, for plaintiff, Midland Lumber & Supply, Inc. (Steinberg and Marks, attorneys).

Anthony J. Sylvester, for defendant, United Jersey Bank (Riker, Danzig, Scherer, Hyland and Perretti, attorneys).


ARNOLD, P.J.Cv.

This is the return day of a motion brought by the defendant, United Jersey Bank ("Bank") to dismiss plaintiff's complaint for failure to state a claim upon which relief can be granted, or in the alternative, for summary judgment. The motion raises the issue of whether a subordinate lien holder named as a loss payee in a fire insurance policy is entitled to the insurance proceeds in preference to the holder of a superior lien on the encumbered real...

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