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UNIVERSAL C.I.T. CREDIT CORP. v. PARAMUS

93 N.J. Super. 28 (1966)

224 A.2d 517

UNIVERSAL C.I.T. CREDIT CORPORATION, A CORPORATION, PLAINTIFF-RESPONDENT, v. BOROUGH OF PARAMUS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 29, 1966.

Attorney(s) appearing for the Case

Mr. Charles Rodgers argued the cause for appellant (Messrs. Breslin & Breslin, attorneys).

Mr. Robert B. Silverman argued the cause for respondent (Messrs. Green & Lasky, attorneys).

Before Judges SULLIVAN, KOLOVSKY and CARTON.

PER CURIAM.

The trial court held that the lien arising by reason of the distraint by defendant municipality for personal property taxes was not paramount to the lien of the plaintiff's chattel mortgage antedating the distraint.

It may now be considered settled that the municipality acquires no lien for the payment of personal property taxes until the proceeding for their enforcement is taken by levy under a distress warrant. R.C. Stanhope, Inc. v. North...

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