SIMON v. NAT. COM. BANK OF N.J.


282 N.J. Super. 447 (1995)

660 A.2d 558

BETTY SIMON, TRUSTEE, J.D.T., RICHARD SIMON, GRANTOR DATED MARCH 2, 1970, PLAINTIFF-RESPONDENT, v. NATIONAL COMMUNITY BANK OF NEW JERSEY, DEFENDANT/THIRD PARTY PLAINTIFF/APPELLANT/CROSS-RESPONDENT, v. TOWNSHIP OF EGG HARBOR AND JANE DOE, AN UNKNOWN AUTHORIZED AGENT OF EGG HARBOR TOWNSHIP, THIRD PARTY DEFENDANT-RESPONDENT/CROSS-APPELLANT. AND MARTLAND HOSPITAL, EUGENE DAVOLOS AND ANNE M. DAVOLOS, HIS WIFE, A PARTNERSHIP T/A ELSEA PARTNERSHIP; AT & T CREDIT CORP., GENERAL ELECTRIC CORP.; FOREST CITY RESIDENTIAL DEVELOPMENT, INC., (FORMERLY FOREST CITY DILLON, INC.), STATE OF NEW JERSEY; DANIEL S. FALASCO PLUMBING, HEATING & COOLING, INC.; BEST WESTERN INTERNATIONAL, INC., JOHN L. GROSSMAN, JOHN D. PHELPS, JR.; UNKNOWN OTHERS/UNKNOWN CLAIMANTS, THEIR HEIRS, DEVISEES AND THEIR SUCCESSORS IN RIGHT, TITLE AND INTEREST, DEFENDANTS. TICOR TITLE INSURANCE COMPANY AND TITLE COMPANY OF NEW JERSEY, PLAINTIFFS-APPELLANTS/CROSS-RESPONDENTS, v. TOWNSHIP OF EGG HARBOR, JANE DOE, AN UNKNOWN AUTHORIZED AGENT OF EGG HARBOR TOWNSHIP AND BETTY SIMON, DEFENDANTS-RESPONDENTS/CROSS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided July 6, 1995.


Attorney(s) appearing for the Case

Barbara Ayars argued the cause for appellants/third party plaintiff/cross-respondents (Horn, Goldberg, Gorny, Daniels, Paarz, Plackter & Weiss, attorneys; Mark Soifer, attorney of record; Ms. Ayars, on the brief).

Keith A. Bonchi argued the cause for respondent (Goldenberg, Mackler & Sayegh, attorneys; Mr. Bonchi, on the brief).

Marc Friedman argued the cause for respondent/cross-appellant (Schreiber & Friedman, P.C., attorneys; Mr. Friedman, on the brief).

Before KING, D'ANNUNZIO and EICHEN, JJ.


The opinion of the court was delivered by EICHEN, J.S.C. (temporarily assigned).

These consolidated cases arose as a result of erroneous telephonic information conveyed by an unidentified clerical employee in the tax collector's office of Egg Harbor Township (Egg Harbor) concerning the tax lien status of certain commercial property. The information was given to a title company representative during a second mortgage loan closing between a bank and the owner of the...

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