TRUS JOIST CORP. v. TREETOP ASSOCIATES, INC.


97 N.J. 22 (1984)

477 A.2d 817

TRUS JOIST CORPORATION, A CORPORATION OF THE STATE OF NEVADA, AND MATTHEW J. SCOLA, AS TRUSTEE OF THE ESTATE OF TREETOP ASSOCIATES, INC., BANKRUPT, PLAINTIFFS-RESPONDENTS, AND CROSS-APPELLANTS, AND NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, INTERVENOR-APPELLANT AND CROSS-RESPONDENT, v. TREETOP ASSOCIATES, INC., A CORPORATION OF THE STATE OF NEW JERSEY, LOG SCHOOL HOUSE ROAD CORPORATION, A CORPORATION OF THE STATE OF NEW JERSEY, MACOPIN ASSOCIATES, A PARTNERSHIP, LEO FITZPATRICK, A/K/A LEE FITZPATRICK, MICHAEL ANDERSON, JOHN RUSSIAN, WILLIAM BOWMAN, AND J. MERRILL FITZPATRICK, DEFENDANTS, AND HUDSON CITY SAVINGS BANK, A BANKING CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT AND CROSS-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 12, 1984.


Attorney(s) appearing for the Case

John J. Byrne, III, argued the cause for intervenor-appellant and cross-respondent and defendant-appellant and cross-respondent (Cole, Geaney, Yamner & Byrne, attorneys; John J. Byrne, III and Michael J. Sweeney, on the brief).

Jeffrey W. Herrmann argued the cause for respondents and cross-appellants (Cohn & Lifland, attorneys; Jeffrey W. Herrmann and Daniel Crystal, on the briefs).


PER CURIAM.

This case concerns the notice afforded by the filing of a lis pendens. Specifically, the issue is whether the suit of a trustee in bankruptcy to set aside a mortgage may be related back to the prior filing of a notice of lis pendens by one creditor. The effect would be to invalidate the mortgage in favor of all other creditors, not just the creditor listed in the lis pendens, when the mortgagee...

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