1ST NAT'L ST. BANK, N.J. v. CARLYLE HOUSE, INC.


102 N.J. Super. 300 (1968)

246 A.2d 22

FIRST NATIONAL STATE BANK OF NEW JERSEY, A CORPORATION ORGANIZED UNDER THE BANKING LAWS OF THE UNITED STATES, PLAINTIFF, v. CARLYLE HOUSE, INC., A NEW JERSEY CORPORATION; MALIBU CONSTRUCTION CORP., A NEW JERSEY CORPORATION; FRANK KALISCH, MARVIN KALISCH, DAVID M. POTTS, DAVID SHARRON AND ARTHUR CASELLA, AS TRUSTEES UNDER AN INDENTURE OF TRUST DATED AS OF JANUARY 1, 1956 MADE BY E. KALISCH, INC., CREATING E. KALISCH, INC. EMPLOYEES' TRUST; E. KALISCH, INC., A CORPORATION OF THE STATE OF NEW YORK; JOSEPH SKALLER, AN INDIVIDUAL; SPENCER, WHITE & PRENTIS, INC., A NEW YORK CORPORATION; FRITZ CONTRACTING CO. INC., A NEW JERSEY CORPORATION; HELLER HARDWARE CO. INC., A NEW JERSEY CORPORATION; ARMOR ELEVATOR CO. INC., A NEW YORK CORPORATION; RITE KITCHENS, INC., A NEW YORK CORPORATION; OLIVER MANUFACTURING SUPPLY CO., A NEW JERSEY CORPORATION; WILLIAM H. HARRISON CONSTRUCTION CO. INC., A NEW JERSEY CORPORATION; STILLWELL SUPPLY CORPORATION OF NEW JERSEY, A NEW JERSEY CORPORATION; HERBERT SAND CO. INC., A NEW JERSEY CORPORATION; ACME PLASTERING CO. INC., A NEW JERSEY CORPORATION; J.P. PATTI COMPANY, INC., A NEW JERSEY CORPORATION; ARCTIC CONTRACTING CORP., A NEW YORK CORPORATION; ESSEX IRON WORKS, INC., A NEW JERSEY CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided July 26, 1968.


Attorney(s) appearing for the Case

Mr. Bertram M. Light, Jr. and Mr. Willard G. Woelper (now deceased) for plaintiff (Messrs. Toner, Vanderbilt, Michels & Light, attorneys; Mr. Douglas M. Crowley on the brief).

Mr. Robert B. Turk for defendant Essex Iron Works, Inc. (Messrs. Cohn & Turk, attorneys).

Mr. Seymour Margulies for defendants Acme Plastering Co., Inc. and Arctic Contracting Corp. (Messrs. Levy, Lemken & Margulies, attorneys).


MINTZ, J.S.C.

Plaintiff First National State Bank of New Jersey (hereinafter bank) initially sought in this proceeding to foreclose a construction loan mortgage made by Carlyle House, Inc. (hereinafter Carlyle). The subject premises at the time the complaint was filed consisted of a partially constructed nine-story apartment house situate at 512-518 Bloomfield Avenue, Caldwell, N.J. On March 31, 1966 all parties in...

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