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BRESS v. L.F. DOMMERICH & CO., INC.

94 N.J. Super. 282 (1967)

228 A.2d 82

SAMUEL BRESS, EVELYN BRESS, HARRY MATLIN, AMELIA MATLIN AND EDWARD G. RUBINOFF, CO-PARTNERS, T/A RUBINOFF ASSOCIATES, PLAINTIFFS-RESPONDENTS, v. L.F. DOMMERICH & CO., INC., ETC., DEFENDANT-APPELLANT, AND A.J. ARMSTRONG CO., INC., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 17, 1967.

Attorney(s) appearing for the Case

Mr. Walter J. Bilder argued the cause for appellant (Messrs. Bilder, Bilder, Silver & McCurley, attorneys).

Mr. Samuel L. Shapiro argued the cause for respondents (Messrs. Shapiro, Brotman, Eisenstat and Capizola, attorneys for plaintiffs-respondents; Messrs. Epstein, Fluharty & Freeman, attorneys for defendant-respondent; Mr. Gerald M. Eisenstat, on the joint brief for respondents).

Before Judges LEWIS, LABRECQUE and CARTON.

The opinion of the court was delivered by LEWIS, J.A.D.

This is an unusual situation in which defendant L.F. Dommerich & Co., Inc., appeals from a judgment declaring that its chattel mortgage constituted a valid first lien upon certain machinery and equipment. The declaratory judgment suit instituted by plaintiffs sought a determination of the rights of the parties in and to said machinery and equipment. Dommerich, the prevailing party, now contends that the judgment...

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