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Lever v. Thomas

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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted April 3, 2001

When this matter was presented to the trial court, there were multiple issues relating to the proper application of N.J.S.A. 2A:16-49.1, upon a somewhat unique set of facts. On appeal, the issues are much more limited, concerning only standing and the proper weighing of the equities. We are satisfied the trial judge correctly applied the law to the facts and reached the proper result. We affirm substantially for the reasons set forth by Judge Shuster in his written decision. We add only the following comments, required in part because the standing question was not squarely presented to the trial judge and, accordingly, he did not address it in his opinion.

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