NEW JERSEY TITLE INS. CO. v. CAPUTO


748 A.2d 507 (2000)

163 N.J. 143

NEW JERSEY TITLE INSURANCE COMPANY, Plaintiff-Appellant, v. Joseph C. CAPUTO and Trump Taj Mahal Associates d/b/a Trump Taj Mahal Casino Resort and improperly pled as Taj Mahal Hotel and Casino, Defendants, New Jersey National Bank, Successor-in-interest to Corestates Bank, Constellation Bank and the National State Bank, Defendant-Respondent.

Supreme Court of New Jersey.

Decided March 22, 2000.


Attorney(s) appearing for the Case

James M. Cutler, Roseland, for plaintiff-appellant (Stern, Lavinthal, Norgaard & Kapnick, Englewood, attorneys).

John D. North, Woodbridge, for defendant-respondent (Greenbaum, Rowe, Smith, Ravin, Davis & Himmel, Iselin, attorneys).


The opinion of the Court was delivered by LONG, J.

In this case, we are called upon to define more precisely the standard of bad faith found in the Uniform Fiduciaries Law (UFL), N.J.S.A. 3B:14-55 to -61, in the context of an attorney's embezzlement from his clients' trust account.

I

During the period from mid-November 1993, to mid-February 1994, Joseph C. Caputo, a New Jersey attorney and sole practitioner, maintained two checking...

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