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CENTRAL PENN NAT'L BANK v. BIRNBAUM

175 N.J. Super. 290 (1980)

418 A.2d 293

CENTRAL PENN NATIONAL BANK, PLAINTIFF, v. SIMON BIRNBAUM, MORRIS STARKMAN AND ABRAHAM BIRNBAUM AS CO-PARTNERS TRADING AND D/B/A BSB ASSOCIATES, AND DORA BIRNBAUM, MRS. MORRIS STARKMAN, ROSE BIRNBAUM, BABBITT MANUFACTURING CO., STATE OF NEW JERSEY AND CENTRAL PENN NATIONAL BANK, DEFENDANTS.

Superior Court of New Jersey, Chancery Division Salem County.

Decided May 27, 1980.

Attorney(s) appearing for the Case

Peter T. Parashes for plaintiff Central Penn National Bank.

Francis P. Devine of the Pennsylvania Bar appearing pro hac vice for plaintiff (White & Williams of the Pennsylvania Bar, attorneys).

Ira Rabkin for defendants Simon Birnbaum, Morris Starkman and BSB Associates (Molotsky, Rabkin & Gross, attorneys).

GRUCCIO, A.J.S.C.

In this matter defendants Simon Birnbaum, Morris Starkman and Abraham Birnbaum, as copartners, entered into a construction loan agreement, a mortgage and a mortgage note with plaintiff bank. Upon default of the mortgage and mortgage note, plaintiff now seeks to foreclose on the mortgage. By way of answer defendants interpose the defense of illegality of the mortgage. They allege that defendant Birnbaum entered into negotiations with the mortgage...

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