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KRONISCH v. HOWARD SAVINGS INST.

143 N.J. Super. 423 (1976)

363 A.2d 376

MYRON W. KRONISCH ET AL., PLAINTIFFS-RESPONDENTS, v. THE HOWARD SAVINGS INSTITUTION, ETC., DEFENDANT-APPELLANT, AND HAROLD CHAMBERS ET AL., PLAINTIFFS-RESPONDENTS, v. BERKELEY SAVINGS AND LOAN ASSOCIATION, ETC., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 19, 1976.

Attorney(s) appearing for the Case

Mr. William H. Hyatt, Jr. argued the cause for appellant The Howard Savings Institution (Messrs. Pitney, Hardin & Kipp, attorneys).

Mr. Arthur D. Grossman argued the cause for appellant Berkeley Federal Savings & Loan Association (Messrs. Fox & Fox, attorneys).

Mr. Cyrus J. Bloom argued the cause for respondents (Messrs. Cyrus J. Bloom and Ronald L. Davison, on the brief).

A brief was filed by Messrs. Jamieson, McCardell, Moore, Peskin & Spicer on behalf of amicus curiae New Jersey Bankers Association (Mr. Michael F. Spicer, on the brief).

A brief was filed by Mr. Hugo M. Pfaltz, Jr. on behalf of amicus curiae Savings Banks' Association of New Jersey.

A brief was filed by Messrs. Miller, Myers, Matteo & Rabil on behalf of amicus curiae New Jersey Savings League (Mr. Michael D. Matteo, on the brief).

Before Judges LYNCH, LARNER and HORN.

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

In these consolidated actions we granted defendants' respective motions for leave to appeal from an order determining that the actions are to be maintained as class actions, pursuant to R. 4:32-1(b)(3), with both a plaintiff and defendant class. In each case the named plaintiffs are to represent a class of mortgagor-borrowers, and the named defendants are to represent a class of mortgagee-lenders who...

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