Supreme Court of New Jersey

First Union National Bank, as Indenture Trustee, Plaintiff-Respondent v. Penn Salem Marina, Inc…

May 10, 2007190 N.J. 342

Summary

The New Jersey Supreme Court held that when a lender brings a separate foreclosure action after obtaining a judgment on the underlying note, issue preclusion requires the later judgment to match the earlier one for any identical categories of damages and the same time period, but does not bar recovery of damages not claimed earlier or that accrued after the first judgment.