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CORYELL, L.L.C. v. CURRY

917 A.2d 250 (2006)

391 N.J. Super. 72

CORYELL, L.L.C., as Assignee of M.D. Sass Municipal Finance Partners II, L.P., Plaintiff-Appellant, v. Paul CURRY and Wanda D. Price, Defendants-Respondents, and Leader Federal Bank for Savings n/k/a Union Planters Bank; Commercial Credit Corporation; Superior Asset Management, Ltd.; Richard Berlin, M.D.; County of Atlantic; State of New Jersey, Defendants. Julian M. Blumenthal, Intervenor-Respondent. Coryell, L.L.C., as Assignee of M.D. Sass Municipal Finance Partners II, L.P., Plaintiff-Respondent, v. Paul Curry and Wanda D. Price, Defendants-Respondents, and Leader Federal Bank for Savings n/k/a Union Planters Bank; Commercial Credit Corporation; Superior Asset Management, Ltd.; Richard Berlin, M.D.; County of Atlantic; State of New Jersey, Defendants. Julian M. Blumenthal, Intervenor-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided October 5, 2006.

Attorney(s) appearing for the Case

Adam D. Greenberg, Voorhees, argued the cause for Coryell, L.L.C., as Assignee of M.D. Sass Municipal Finance Partners, II, L.P., appellant in A-3758-04T5 and respondent in A-3759-04T5 (Honig & Greenberg, attorneys; Mr. Greenberg and Robert N. Wright, on the brief).

Marc Friedman argued the cause for respondents Paul Curry and Wanda D. Price in both appeals.

R. Armen McOmber argued the cause for Julian M. Blumenthal, intervenor-respondent in A-3758-04T5 and intervenor-appellant in A-3759-04T5 (McOmber & McOmber, attorneys; Mr. McOmber, of counsel and on the brief).

Michael J. Fasano argued the cause for amicus curiae New Jersey Land Title Association in both appeals (Lomurro, Davison, Eastman & Munoz, attorneys; Edward C. Eastman, Jr., Freehold, of counsel; Mr. Fasano, on the brief).

Robert W. Keyser, Haddonfield, argued the cause for amicus curiae National Tax Lien Association in A-3758-04T5 (Kaplin, Stewart, Meloff, Reiter & Stein, attorneys; Mr. Keyser, of counsel and on the brief; Lisa A. Buckalew, Blue Bell, PA, on the brief).

Before Judges LEFELT, PARRILLO and SAPP-PETERSON.

The opinion of this court was delivered by

SAPP-PETERSON, J.S.C. (temporarily assigned).

These back-to-back appeals arise out of a tax foreclosure proceeding brought by plaintiff Coryell, L.L.C. (Coryell), as Assignee of M.D. Sass Municipal Finance Partners II, L.P. (Sass), foreclosing a tax sale certificate and selling property located at 5002 English Creek Road, Egg Harbor Township, New Jersey (property), to intervenor, Julian Blumenthal (Blumenthal). Coryell...

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