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BROOKLYN TRUST CO. v. PODVIN

15 N.J. Super. 398 (1951)

83 A.2d 548

BROOKLYN TRUST COMPANY, A BANKING CORPORATION ORGANIZED UNDER THE LAWS OF THE STATE OF NEW YORK, COMMITTEE OF THE PERSON AND PROPERTY OF SALVATORE ZINGALE, AN INCOMPETENT PERSON, AND MARY ZINGALE, PLAINTIFFS, v. RUBIN PODVIN, MORRIS J. SASLAFF COMPANY, MORRIS J. SASLAFF, WILLIAM SASLAFF, CAROLINE FISCHLER, BENJAMIN A. RIMM, THE BOARDWALK NATIONAL BANK OF ATLANTIC CITY, A NATIONAL BANKING ASSOCIATION, AND SALVATORE ZINGALE, INC., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided September 28, 1951.

Attorney(s) appearing for the Case

Mr. Edward J. O'Mara and Mr. Frederic W. Schumann for plaintiffs (Messrs. O'Mara, Conway & Schumann, attorneys).

Mr. Eugene N. Harris for the defendant Boardwalk National Bank (Messrs. Kirkman, Mulligan & Harris, attorneys).

Mr. Clarence Blitz for the defendants Rubin Podvin and Gussie Podvin, his wife.

Mr. Samuel Levinson for the defendants Benjamin A. Rimm and Caroline Fischler.

Mr. Abraham Rosenberg for the defendants Morris J. Saslaff Co., Morris J. Saslaff and William Saslaff.

HANEMAN, J.S.C.

The defendant Boardwalk National Bank herein sought a reargument in this cause on the ground that in the primary opinion the court overlooked that at the time of the final settlement for the purchase of the real estate here involved the said Boardwalk National Bank held a first mortgage in the approximate sum of $21,000, which was cancelled out of the proceeds of a new mortgage then given to Salvatore Zingale or his alter ego, Salvatore Zingale...

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