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ATANASIO v. SILVERMAN

11 N.J. Super. 116 (1950)

77 A.2d 813

FREDERICK ATANASIO, PLAINTIFF, v. SAMUEL W. SILVERMAN, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided December 4, 1950.

Attorney(s) appearing for the Case

Mr. John G. Flanigan, attorney for the plaintiff (Mr. John Warren, of counsel).

Mr. Abraham Natovitz, attorney for the defendant.

JOSEPH L. SMITH, J.S.C.

The petition to set aside the order for offset is based upon three grounds:

(1) The former Supreme Court did not have jurisdiction to make the order for offset, said order being entered November 27, 1946, by former Chief Justice Case.

(2) Defendant was not entitled to the relief of offset because of fraud in securing the assignments of the judgments which are the basis for the offset, and because defendant came into court with...

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