SIMON v. CRONECKER


915 A.2d 489 (2007)

189 N.J. 304

Richard SIMON, Trustee, Plaintiff-Appellant, v. Richard William CRONECKER, his heirs, devisees and personal representatives, and their or any of their successors in right, title and interest; Mrs. Richard William Cronecker; Emmett W. Ross, his heirs, devisees and personal representatives, and their or any of their successors in right, title and interest; Heloise B. Levit and Susan Fisch, Individually and As Executrices of the Estate of Claire Bertman, Deceased; Lupe H. Snyder, Individually and As Executrix of the Estate of Franklyn R. Snyder, Deceased; Pauline M. Cassel a/k/a Pauline Moock Cassel; Paul C. Moock, Jr., Individually and As Executor of the Estate of Margaret S. Moock, Deceased; Ronald Smith and Lois Smith, his wife; Samuel W. Newman, Esquire, Executor of the Estate of Blanche B. Moock, Deceased; C. Howard Moock, his heirs, devisees and personal representatives and their or any of their successors in right, title and interest; Clark S. Reese, Individually and As Executor of the Estate of Elizabeth R. Moock, Deceased; Annie Langenfeld; Josephine M. Ross; FUNB-Custodian for Fundco, Inc.; State of New Jersey; Unknown Owners/Unknown Claimants, their heirs, devisees and personal representatives, and their or any of their successors in right, title and interest, Defendants, and Cherrystone Bay, LLC, Intervenor-Respondent. Nicholas Grivas, Plaintiff-Appellant, v. Loretta Smyth and Richard Smyth, her husband, Defendants-Respondents, and Florence Barilotti and George Barilotti, her husband; Helen Ciandra and Furio Ciandra, her husband, their heirs, devisees and personal representatives, and their or any of their successors in right, title and interest; Josephine Marengo, widow; John Barletto and Rose Barletto, his wife; Paul Barletto and Julia Barletto, his wife; State of New Jersey; Bureaus Investment Group # 4 LLC and Harry Tini, Defendants, and Cherrystone Bay, LLC, Intervenor-Respondent.

Supreme Court of New Jersey.

Decided January 29, 2007.


Attorney(s) appearing for the Case

Keith A. Bonchi, Atlantic City, argued the cause for appellants (Goldenberg, Mackler, Sayegh, Mintz, Pfeffer, Bonchi & Gill, attorneys).

Anthony L. Velasquez, argued the cause for intervenor-respondent Cherrystone Bay, LLC in (A-105-05) Simon v. Cronecker.

Steven W. Griegel, argued the cause for respondents Loretta Smyth and Richard Smyth (Roselli Griegel, attorneys).

Maeve E. Cannon, Princeton, argued the cause for intervenor-respondent Cherrystone Bay, LLC in (A-106-05) Grivas v. Smyth (Hill Wallack, attorneys; Mark K. Smith, on the brief).


Justice ALBIN delivered the opinion of the Court.

In the two consolidated appeals before us, plaintiffs are holders of tax sale certificates covering the unpaid municipal taxes and charges on defendants' properties. Plaintiffs have instituted actions to foreclose on the tax certificates, and defendants stand to lose their properties unless they can redeem those certificates within the time prescribed by law. A third-party investor contracted to purchase defendants...

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