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UFJ BANK LIMITED v. J & A INTERN. CORP.

808 A.2d 173 (2002)

354 N.J. Super. 542

UFJ BANK LIMITED, a Japanese corporation, Plaintiff, v. J & A INTERNATIONAL CORPORATION, a New Jersey corporation, Defendant.

Superior Court of New Jersey, Chancery Division.

May 15, 2002.

Attorney(s) appearing for the Case

Michael S. Meisel, Hackensack, (Cole, Schotz, Meisel, Forman & Leonard, attorneys) and Allen B. Cooper (Ervin, Cohen & Jessup, LLP, attorneys) for plaintiff.

Frederick W. Rose, Summit, for defendant (Cooper, Rose & English, LLP, attorneys).

Frank Holahan, Hackensack, for proposed intervenor Bamm International Corp. (Harwood Lloyd, LLC, attorneys).

FISHER, P.J.Ch.

Before the court is an issue of first impression—does the mere filing of a motion to intervene constitute an "appearance" which requires the proposed intervenor's consent to a voluntary dismissal of the action?

On January 29, 2002, Bamm International Corp. ("Bamm") filed a specific performance action in the Chancery Division, Bergen County,1 claiming to be the contract...

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