First Fidelity Bank v. Southeastern Insurance Group

YANOFF, J.S.C.

(temporarily assigned) (retired, on recall).

Involved here is R. 4:48-4, not yet interpreted by decision. The Rule reads:

If a judgment is recovered against 2 or more persons, one of whom, liable thereon secondarily or equally with any other, satisfies the judgment, or when bail in a civil action is compelled to pay a judgment against a defendant, the person paying the judgment may on motion and notice to the other persons in interest, excluding the judgment creditor, apply to the court, for an order allowing him the full benefit and control of the judgment and any outstanding…