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110-112 VAN WAGENEN AVENUE CO. v. JULIAN

[DOCKET NOS. L 8169-66, L 23025-66].

101 N.J. Super. 230 (1968)

244 A.2d 123

110-112 VAN WAGENEN AVENUE COMPANY, A LIMITED PARTNERSHIP, PLAINTIFF-APPELLANT, v. MILTON A. JULIAN ET AL., DEFENDANTS-RESPONDENTS. 110-112 VAN WAGENEN AVENUE COMPANY, A LIMITED PARTNERSHIP, PLAINTIFF-APPELLANT, v. MILTON A. JULIAN ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 6, 1968.

Attorney(s) appearing for the Case

Mr. Matthias D. Dileo argued the cause for appellant (Messrs. Wilentz, Goldman & Spitzer, attorneys; Mr. Francis X. Journick, of counsel; Mr. Stephen E. Barcan, on the brief).

Mr. David Jerchower argued the cause for respondents Milton A. Julian and Shirley Julian (Messrs. Kessler & Kessler, Mr. Samuel I. Kessler, of counsel).

Before Judges GAULKIN, LEWIS and KOLOVSKY.

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

Plaintiff's action to recover the amount due on a bond secured by a second real estate mortgage on property in Hudson County, whose lien had been extinguished by the foreclosure of a prior mortgage, was dismissed by the trial court on motion of defendants Julian.

The foreclosure sale took place on February 24, 1966. Plaintiff's suit was instituted on November 16, 1966, well within the time limit under...

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