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FIRST UNION NATIONAL BANK v. NELKIN

808 A.2d 856 (2002)

354 N.J. Super. 557

FIRST UNION NATIONAL BANK, Plaintiff-Respondent, v. Merwin NELKIN and Elaine Nelkin, Defendants, and Bankers Trust, as Trustee, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided October 25, 2002.

Attorney(s) appearing for the Case

William M.E. Powers, Jr., Medford, attorney for appellant (Edward W. Kirn, III, on the brief).

Zucker, Goldberg & Ackerman, attorneys for respondent (Thomas A. Szymanski, Mountainside, on the brief).

Before Judges BRAITHWAITE, LINTNER and PARKER.

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

This is a dispute between two banks, Bankers Trust and First Union National Bank (First Union), concerning the priority given to their respective mortgage liens. Judge Span entered judgment in favor of First Union, finding Bankers Trust's mortgage lien subordinate to the open end mortgage held by First Union. Bankers Trust appeals and we affirm.

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