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NEWSTEAD BLDRS., INC. v. FIRST MERCH. NAT'L BANK

146 N.J. Super. 295 (1977)

369 A.2d 951

NEWSTEAD BUILDERS, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. FIRST MERCHANTS NATIONAL BANK, ABAB ENTERPRISES, A PARTNERSHIP AND MORITZ NAPPE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 20, 1977.

Attorney(s) appearing for the Case

Mr. Edward J. Nesselquist argued the cause for appellant (Messrs. Judge, Dowd & Geddis, attorneys).

Mr. Richard A. Grossman argued the cause for respondent First Merchants National Bank (Messrs. Novins, Farley, Grossman, Liston & York, attorneys; Mr. Terrence P. Farley, on the brief).

Mr. Alexander D. Lehrer argued the cause for respondent Abab Enterprises (Messrs. Anschelewitz, Barr, Ansell & Bonello, attorneys).

Mr. Moritz Nappe neither filed a brief nor appeared.

Before Judges HALPERN, BOTTER and DAVIDSON.

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

The limited issue here involved is whether a partial summary judgment entered and docketed in the Superior Court, which holds that a defendant must indemnify plaintiff if plaintiff is ever required to pay a certain obligation, creates a lien on defendant's interest in real property. Admittedly, the partial summary judgment was interlocutory and was not for a specified amount of money. The trial judge held...

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