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RESOLUTION TRUST CORP. v. LANZARO

140 N.J. 244 (1995)

658 A.2d 282

RESOLUTION TRUST CORPORATION, AS RECEIVER FOR CITY SAVINGS, F.S.B., PLAINTIFF-APPELLANT, v. WILLIAM LANZARO, AS SHERIFF OF MONMOUTH COUNTY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided May 15, 1995.

Attorney(s) appearing for the Case

Kevin M. Crotty, a member of the New York bar, argued the cause for appellant (Cassidy, Foss & San Filippo, attorneys; Mr. Crotty and Harold J. Cassidy, on the briefs).

Fredrick P. Niemann, Assistant County Counsel, argued the cause for respondent (Malcolm V. Carton, Monmouth County Counsel, attorney; Mr. Niemann and Daniel W. Roskken, on the brief).

The opinion of the Court was delivered by STEIN, J.

The question presented is whether Resolution Trust Corporation (RTC), in its capacity as receiver for City Savings, F.S.B. (City Savings), must pay the Sheriff of Monmouth County (Sheriff), William Lanzaro, a "fee" in the amount of $275,075. The fee is authorized by N.J.S.A. 22A:4-8, for services rendered by the Sheriff at the execution sale of property secured by mortgages held by RTC and at which RTC was...

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