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JOHNSON-SHEA ASSOCIATES v. UNION VALLEY

277 N.J. Super. 414 (1994)

649 A.2d 1293

JOHNSON-SHEA ASSOCIATES, A NEW JERSEY PARTNERSHIP, PLAINTIFF-RESPONDENT, v. UNION VALLEY CORPORATION, UNION VALLEY PROPERTIES, INC. FIRST FIDELITY BANK, NATIONAL ASSOCIATION, NEW JERSEY, THE FIRST NATIONAL BANK OF TOMS RIVER, NJ, DEFENDANTS, AND FIRST FIDELITY BANK, N.A., NEW JERSEY, DEFENDANT-APPELLANT, AND FIRST FIDELITY BANK, N.A., NEW JERSEY, THIRD-PARTY PLAINTIFF, v. WINDING WAYS HOMEOWNERS ASSOCIATION, THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided November 17, 1994.

Attorney(s) appearing for the Case

Stuart J. Glick argued the cause for appellant (Hannoch Weisman, attorneys; Sheldon M. Finkelstein, of counsel; Mr. Glick and Brian W. Hofmeister, on the brief).

Reuel E. Topas argued the cause for respondent (Levin, Shea, Pfeffer, McMahon & Russell, attorneys; Mr. Topas, on the brief).

Before Judges DREIER, VILLANUEVA and BILDER.

The opinion of the court was delivered by BILDER, J.A.D. (retired and temporarily assigned on recall).

This is a mortgage foreclosure action. A junior lienholder, defendant First Fidelity Bank, appeals from an order of the Chancery Division, entered as the result of cross-motions for summary judgment, denying its claim to a priority based upon a subordination clause in plaintiff Johnson-Shea Associates' primary mortgage.1

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