GE CAPITAL MORTG. v. NJ TITLE INS.


754 A.2d 558 (2000)

333 N.J. Super. 1

GE CAPITAL MORTGAGE SERVICES, INC., Successor in interest to State Street Bank & Trust Company, Plaintiff-Appellant, v. NEW JERSEY TITLE INSURANCE COMPANY, Robert Nils Herdelin, New Jersey Mortgage & Investment Corp. and New Jersey Lawyers Fund for Client Protection, Defendants-Respondents, and Joseph Privetera and First American Title Insurance Company, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided July 10, 2000.


Attorney(s) appearing for the Case

Fein, Such, Kahn & Shepard, Parsippany, for plaintiff-appellant; Gregg P. Tabakin, on the brief.

Slavitt & Cowen, Newark, for defendants-respondents New Jersey Title Insurance Company and New Jersey Mortgage & Investment Corp.; Ben J. Slavitt, of counsel.

Grossman, Kruttschnitt, Heavey & Javcob, Brick, for respondent Robert N. Herdelin; Richard A. Grossman, of counsel; Thomas A. Morrone, on the brief.

Daniel R. Hendi, Senior Counsel, Trenton, for respondent New Jersey Lawyers' Fund for Client Protection; Mr. Hendi, on the brief.

Before Judges KING and MUIR.


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

I

This case involves a claim against the New Jersey Lawyers' Fund for Client Protection (Fund). R. 1:28. We conclude that the Fund may not be sued in Superior Court by a disappointed claimant and we grant summary disposition in favor of the Fund, affirming Judge Callinan. See R. 2:8-3(b).

II

On August 1, 1994 James and Nancy Hudanich defaulted on a note in the principal...

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