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FORT LEE v. BANQUE NAT. DE PARIS

311 N.J. Super. 280 (1998)

BOROUGH OF FORT LEE, PLAINTIFF-APPELLANT, v. BANQUE NATIONAL DE PARIS AND DBR MANAGEMENT, DEFENDANTS-RESPONDENTS, AND FORT LEE HEADQUARTERS LIMITED PARTNERSHIP, AND RED ROCK HOLDINGS LTD., DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided April 27, 1998.

Attorney(s) appearing for the Case

Steven D. Muhlstock argued the cause for appellant (Gittleman, Muhlstock, Chewcaskie & Kim, attorneys; Mr. Muhlstock on the brief).

Kenneth N. Laptook argued the cause for respondents (Wolff & Samson, attorneys; Mr. Laptook and Vanessa H. Silverstein on the brief).

Before Judges DREIER, KEEFE and WECKER.

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

In early 1993, an underground gas leak forced the Police Department of plaintiff, Borough of Fort Lee, to relocate its entire headquarters including the municipal jail, to temporary facilities. A five-story office building in the Borough, known as 2115 Linwood Avenue, was largely vacant at the time and was the subject of a pending foreclosure action brought by defendant Banque National de Paris (the Bank). Plaintiff...

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