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LEVER v. THOMAS

774 A.2d 511 (2001)

340 N.J. Super. 198

Franklin H. LEVER, individually, and as a partner in All-Lift Material Handling Company, a partnership, and Evelyn Lever, Plaintiffs-Appellants, v. Robert THOMAS, t/a Bob's Trucking Company, Defendant-Respondent, Alene Thomas and Rhonda Thomas, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided April 26, 2001.

Attorney(s) appearing for the Case

Stern, Lavinthal, Frankenberg, Norgaard & Kapnick, Englewood, for appellants (Jae Y. Kim, on the brief).

Teich, Groh, Frost & Zindler, for respondent (Carol L. Knowlton, of counsel, Trenton; Robert L. Schmidt, on the brief).

Before Judges PRESSLER, CIANCIA and ALLEY.

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

When this matter was presented to the trial court, there were multiple issues relating to the proper application of N.J.S.A. 2A:16-49.1, upon a somewhat unique set of facts. On appeal, the issues are much more limited, concerning only standing and the proper weighing of the equities. We are satisfied the trial judge correctly applied the law to the facts and reached the proper result. We affirm substantially...

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