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MERCEDES-BENZ CREDIT CORP. v. LOTITO

306 N.J. Super. 25 (1997)

MERCEDES-BENZ CREDIT CORPORATION, PLAINTIFF-RESPONDENT, v. CHRISTOPHER LOTITO, DEFENDANT/THIRD-PARTY PLAINTIFF-APPELLANT, v. RAY CATENA MOTOR CAR CORP., MERCEDES-BENZ CREDIT CORP. MERCEDES-BENZ NORTH AMERICA, INC., AND MERCEDES-BENZ, A.G., THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 5, 1997.

Attorney(s) appearing for the Case

S.M. Chris Franzblau argued the cause for appellant (Franzblau Dratch, P.C., attorneys; Mr. Franzblau, of counsel; Milton M. Breitman, on the brief).

Kathleen Cavanaugh argued the cause for respondent (Baron, Gallagher & Perzley, attorneys; Jerome F. Gallagher, Jr. and Mitchell E. Grodman, on the brief).

Before Judges DREIER, KEEFE and PAUL G. LEVY.

The opinion of the court was delivered by PAUL G. LEVY, J.A.D.

This issue presented for decision in this case is whether a leasing company which is closely affiliated with an automobile manufacturer, a distributor and a dealer, yet still a separate entity, is subject to a customer's defense of breach of warranty. The specific question here is whether the leasing company may enforce a vehicle lease over a defense that...

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