A case in which a New Jersey law firm was deemed a priority creditor in a mortgage dispute involving millions in unpaid fees—based in part on case law dating back to the 1860s—will be reviewed by the New Jersey Supreme Court.

The court on Oct. 5 granted a petition for certification in Rosenthal & Rosenthal v. Benun, which presents the question of whether a mortgage levied by Riker Danzig Scherer Hyland & Perretti of Morristown can take precedence over two prior ones levied by another lender, Rosenthal & Rosenthal.

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