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MIDLANTIC BANK, N.A. v. WOOD

302 N.J. Super. 286 (1997)

MIDLANTIC BANK, N.A., SUCCESSOR BY MERGER TO MIDLANTIC NATIONAL BANK/SOUTH, PLAINTIFF-APPELLANT/CROSS-RESPONDENT, v. JOSEPH M. WOOD, THE BOROUGH OF SOUTH TOMS RIVER AND JOHN DOE (FICTITIOUS), DEFENDANTS-RESPONDENTS, JOE'S PRECISION, DEFENDANT-RESPONDENT/CROSS-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 23, 1997.

Attorney(s) appearing for the Case

Hillary Veldhuis argued the cause for appellant (Lyons & Doughty, attorneys; Ms. Veldhuis, on the brief).

Terry F. Brady argued the cause for respondent Joe's Precision (Mulvaney, Coronato & Brady, attorneys; Mr. Brady, on the brief).

Elizabeth Larkins Mackolin argued the cause for respondent Borough of South Toms River (Dasti, Murphy & Wellerson, attorneys; Craig Wellerson, on the brief).

Before Judges STERN, HUMPHREYS and WECKER.

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

At the request of the Borough of South Toms River, Joe's Precision towed and stored an abandoned car on April 27, 1995. Midlantic Bank held a perfected security interest in the car. Midlantic demanded that the car be turned over to it. Joe's Precision refused to release the car because there was an outstanding balance of $3,323.20 for the towing and storage.

In July 1995, Midlantic filed suit. On...

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