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CHASE MANHATTAN BANK v. JOSEPHSON

261 N.J. Super. 428 (1993)

619 A.2d 241

THE CHASE MANHATTAN BANK, A NATIONAL ASSOCIATION, PLAINTIFF-RESPONDENT, v. MR. AND MRS. SEYMOUR JOSEPHSON, SHERRI BAGNELL AND ROBERT HANSELMAN, DEFENDANTS-APPELLANTS, AND SAUL WERNER AND GRACE WERNER, MATTHEW STEINFELD, KIM CAGLIARI, CORRINE MCLAUGHLIN, AND ALEX CAPRIO, DEFENDANTS. MARYLAND NATIONAL MORTGAGE CORPORATION, PLAINTIFF-RESPONDENT, v. REBECCA LITTLEJOHN, DEFENDANT-APPELLANT, AND GEORGE CLAPPS, GWENDOLYN, CLAPPS, STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 6, 1993.

Attorney(s) appearing for the Case

Susan R. Oxford, Assistant Deputy Public Defender, argued the cause for appellants (Zulima V. Farber, Public Advocate, attorney; Ms. Oxford of counsel and on the brief).

Robert J. Donaher argued the cause for respondent (Waters, McPherson, McNeill, attorneys; Gregory J. Castano and Kenneth D. McPherson, Jr., of counsel; Mr. Donaher on the brief).

Gregory G. Diebold, attorney for amicus curiae Hudson County Legal Services Corporation appeared but did not argue (Mr. Diebold of counsel and on the brief).

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

Maura A. Sanders argued the cause for appellant Rebecca LittleJohn (Essex-Newark Legal Services, attorney; Ms. Sanders of counsel and on the brief).

Harold N. Kaplan argued the cause for respondent Maryland National Mortgage Corporation (Federman and Phelan, attorneys; Mr. Kaplan on the brief).

Before J.H. COLEMAN, SHEBELL and CONLEY, JJ.

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

These consolidated cases raise the identical issue of whether the L. 1986, c. 138, effective October 29, 1986, amending the Anti-Eviction Act, N.J.S.A. 2A:18-61.1 et seq., overturned Guttenberg Sav. and Loan Ass'n v. Rivera, 85 N.J. 617, 428 A.2d 1289 (1981), which held that a foreclosing mortgagee's...

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