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MBCC v. LOTITO

746 A.2d 480 (2000)

MERCEDES-BENZ CREDIT CORPORATION, Plaintiff-Respondent/Cross-Appellant, v. Christopher LOTITO, Defendant/Third Party Plaintiff-Appellant/Cross-Respondent, v. Ray Catena Motor Car Corporation, and Mercedes-Benz North America, Inc., Third-Party Defendants-Respondents/Cross-Appellants, and Mercedes-Benz, A.G., Third-Party Defendant.

Superior Court of New Jersey, Appellate Division.

Decided February 28, 2000.

Attorney(s) appearing for the Case

S.M. Chris Franzblau, Livingston, for defendant/third party plaintiff-appellant/cross-respondent (Franzblau Dratch, attorneys; Mr. Franzblau and Milton M. Breitman, on the brief).

Jerome F. Gallagher, Jr., Parsippany, for plaintiff-respondent/cross-appellant (Gallagher, Cavanaugh & Perzley, attorneys; Mr. Gallagher and Mitchell E. Grodman, on the brief).

Thomas D. Shea, Jr., Morristown, for third-party defendants-respondents/cross-appellants (Graham, Curtin & Sheridan, attorneys; Mr. Shea and Christopher Viceconte, on the brief).

Before Judges PETRELLA, BRAITHWAITE and COBURN.

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

Plaintiff, Mercedes-Benz Credit Corporation ("MBCC") filed this action in the Law Division, alleging that defendant Christopher Lotito was in default of payments due on a four-year lease for a new automobile. Lotito filed a counterclaim and a third-party complaint against defendants Ray Catena Motor Car Corp. ("Catena") and Mercedes-Benz North America, Inc. ("MBNA"...

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