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BALMORAL ARMS v. RUTKIN, ET AL.

104 N.J. Super. 354 (1969)

250 A.2d 50

BALMORAL ARMS, A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF, v. MYRON RUTKIN, SYLVIA ROSENBERG, LILLIAN BRILL KURTIN, HOWARD STRAUS AND IRVING WERNER, PARTNERS, TRADING AS BALMORAL ARMS, 365 PARK AVENUE CORP. A CORPORATION OF THE STATE OF NEW JERSEY, HARRY BROWN, PAUL ROSENBERG, BURTON L. EICHLER, HARRIS R. SILVER, BERNARD D. BARNETT AND EDWARD ELMAN, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided January 24, 1969.

Attorney(s) appearing for the Case

Mr. Sidney Hertz for plaintiff (Messrs. Stout & O'Hagan, attorneys).

Mr. Burton L. Eichler for defendants Myron Rutkin, Sylvia Rosenberg, Lillian Brill Kurtin, Howard Straus and Irving Werner, Partners, t/a Balmoral Arms, 365 Park Avenue Corp., Harry Brown, Paul Rosenberg, Burton L. Eichler and Harris B. Silver (Messrs. Eichler, Rosenberg & Silver, attorneys).

Mr. Robert S. Feder for defendants Bernard D. Barnett and Edward Elman.

LANE, J.S.C.

This action was instituted to foreclose a second mortgage on apartment property located in the Borough of Matawan, County of Monmouth. The matter is before the court on final hearing.

The mortgage in the amount of $112,500 was executed October 30, 1967 by defendant 365 Park Avenue Corp. to plaintiff as security for a note of the same date. Thereafter the property was conveyed by 365 Park Avenue...

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