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FIRST UNION BANK v. PENN SALEM MARINA, INC.

921 A.2d 417 (2007)

190 N.J. 342

FIRST UNION NATIONAL BANK, as Indenture Trustee, Plaintiff-Respondent, v. PENN SALEM MARINA, INC., Defendant-Appellant, and Marvin Hitchner, Jr., Marvin Hitchner, III, FGS Associates, L.L.C., and ABC Corp., a fictitious company, Defendants.

Supreme Court of New Jersey.

Decided May 10, 2007.

Attorney(s) appearing for the Case

Todd W. Heck, Vineland, argued the cause for appellant (Basile & Testa, attorneys).

James B. Daniels, Short Hills, argued the cause for respondent (Budd Larner, attorneys; Mr. Daniels, Donald P. Jacobs and Christopher P. Anton, on the letter in lieu of brief).

Justice WALLACE, JR., delivered the opinion of the Court.

The issue in this appeal is whether a lender in a foreclosure proceeding is entitled to recover a judgment that is inconsistent with and greater than the amount fixed in a prior Law Division action on the same indebtedness. The trial court answered the question in the affirmative and the Appellate Division affirmed. We hold that to the extent the note and mortgage provide for the same categories of damages...

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