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CITIZENS FIRST NAT. BANK v. MARCUS

253 N.J. Super. 1 (1991)

600 A.2d 943

CITIZENS FIRST NATIONAL BANK OF NEW JERSEY, A BANK ORGANIZED UNDER THE LAWS OF THE UNITED STATES, PLAINTIFF-APPELLANT, v. HARVEY I. MARCUS AND UPPER 122, INC., DEFENDANTS, AND JUDITH A. MARCUS, HOMES FOR TODAY, INC., TINTON 35, INC., AND TINTON 60, INC., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 31, 1991.

Attorney(s) appearing for the Case

Okin, Cohen & Hollander, attorneys (Peter A. Pizzani, Jr., of counsel and on the brief), for plaintiff-appellant.

No brief was filed on behalf of respondents Judith A. Marcus, Homes for Today, Inc., Tinton 35, Inc. and Tinton 60, Inc.

Before Judges MICHELS, O'BRIEN and HAVEY.

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

Plaintiff Citizens First National Bank of New Jersey (Citizens Bank) appeals from an order of the Law Division that sua sponte dismissed its action against defendants Harvey I. Marcus (Marcus), Judith A. Marcus, Homes for Today, Inc. (Homes), Tinton 35, Inc. and Tinton 60, Inc. without prejudice subject to reinstatement if the bankruptcy proceedings initiated by Marcus did not fully dispose of the...

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