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CITY OF ENGLEWOOD v. EXXON MOBILE CORP.

No. A-2490-07T2

966 A.2d 1082 (2009)

406 N.J. Super. 110

CITY OF ENGLEWOOD, Plaintiff-Respondent, v. As to Count One EXXON MOBILE CORPORATION, Saudi Basic Industries Corporation, As to Count Two Sun Refining & Marketing Company, New Way Associates, a General Partnership, Barry Dorn of New York, Inc., a New York Corporation, Barry Dorn, Inc., State of New Jersey, Division of Taxation, As to Count Three FBB Englewood, LLC, Defendant-Respondent, Starbucks Corporation, Defendant-Respondent, Bank of America, successor in interest to Fleet Bank as successor in interest to Summit Bank, Defendant-Appellant, and State of New Jersey, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided February 10, 2009.

Attorney(s) appearing for the Case

Sodini & Spina, LLC, Iselin, for appellant (Patrick J. Spina, of counsel and on the brief).

Duane Morris, LLP, Philadelphia, PA, for respondent FBB Englewood (George J. Kroculick, of counsel; Mr. Kroculick and Michael J. McCalley, on the brief).

Ferrara, Turitz, Harraka & Goldberg, Hackensack, for respondent City of Englewood (William F. Rupp, on the statement in lieu of brief).

Before Judges PARRILLO, LIHOTZ and MESSANO.

The opinion of the court was delivered by

PARRILLO, J.A.D.

In this condemnation action, defendant Bank of America (BOA) appeals from orders of the Law Division setting the rate of interest BOA is entitled to receive in satisfaction of its mortgage at less than the contractual rate, and awarding BOA counsel fees less than the full amount incurred. For reasons that follow, we affirm as to the former and reverse and remand as to the latter.

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