The Bank of New York Mellon v. Corradetti, ___ N.J. ___ (2021). As discussed here, this case came before the Supreme Court on an appeal as of right, based on a dissent in the Appellate Division. The issue was whether the evidence at trial established that defendants’ signatures on a note and mortgage documents on which this foreclosure action was based were forgeries. After a bench trial, the Chancery Division declined to enforce the mortgage, holding that defendants had demonstrated forgery. The Appellate Division majority found the evidence of forgery sufficient, but Judge Accurso, in dissent, disagreed. The Bank appealed to the Supreme Court as of right.
Today, in a 6-0 per curiam opinion (Justice Patterson did not participate), the Supreme Court reversed, substantially for the reasons given by Judge Accurso in her dissent. The Appellate Division’s decision, which was originally unpublished, was also just approved for publication and can be found at ___ N.J. Super. ___ (App. Div. 2020). The result is a new trial.