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ROSNER v. PLAZA HOTEL ASSOCIATES, INC.

146 N.J. Super. 447 (1977)

370 A.2d 41

ANNA ROSNER AND MILDRED CAPLOW, AS SUBSTITUTED TRUSTEES FOR LEO ROSNER, PLAINTIFFS-RESPONDENTS, v. PLAZA HOTEL ASSOCIATES, INC., A NEW JERSEY CORPORATION, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 11, 1977.

Attorney(s) appearing for the Case

Mr. Robert S. Molnar argued the cause for appellant (Messrs. Kleinberg, Moroney, Masterson and Schachter, attorneys).

Mr. Seymour Margulies argued the cause for respondents (Mr. Herbert Winokur, attorney; Messrs. Brigadier and Margulies, of counsel).

Before Judges CRANE, MICHELS and PRESSLER.

The opinion of the court was delivered by PRESSLER, J.S.C., Temporarily Assigned.

The essential question posed by this appeal is whether a secured creditor who perfects his security interest by taking physical possession of the collateral of an insolvent debtor within four months preceding the debtor's execution of an assignment for the benefit of creditors has a right to the collateral superior to that of the assignee...

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