ROSENTHAL & ROSENTHAL v. BENUN

Nos. A-6 September Term 15, 076266.

140 A.3d 547 (2016)

226 N.J. 41

ROSENTHAL & ROSENTHAL, INC., Plaintiff-Appellant, v. Vanessa BENUN (a/k/a Vanessa Broochian and Elan Broochian), Defendants, and Riker, Danzig, Scherer, Hyland & Perretti, L.L.P., Defendant-Respondent.

Supreme Court of New Jersey.

Decided July 21, 2016.


Attorney(s) appearing for the Case

Joshua A. Zielinski argued the cause for appellant (McElroy, Deutsch, Mulvaney & Carpenter, attorneys; Mr. Zielinski and Peter Saad , Morristown, of counsel; Mr. Zielinski, Newark, Andrew Gimigliano , and Young Yu , Morristown, on the briefs).

Matthew H. Lewis argued the cause for respondent (Riker, Danzig, Scherer, Hyland & Perretti, attorneys; Mr. Lewis, Gerald A. Liloia and Nicholas Racioppi, Jr. , Morristown, of counsel).

Mark Salah Morgan argued the cause for amicus curiae New Jersey Bankers Association ( Day Pitney , attorneys; Mr. Morgan, Christina A. Parlapiano , and Alba V. Aviles , Parsippany, of counsel and on the brief).

Edward C. Eastman argued the cause for amicus curiae New Jersey Land Title Association (Davison, Eastman & Munoz, attorney; Michael J. Fasano , Freehold, on the brief).


This appeal addresses the priority of mortgages given to secure financing for a group of related commercial entities. A factor purchased accounts receivable, advanced funds to the commercial entities, and agreed to make optional future advances. The financing was secured by personal...

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