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CAPABIANCO v. BORK

108 N.J. Super. 356 (1970)

261 A.2d 393

VITO CAPABIANCO AND JULIA CAPABIANCO, HIS WIFE, PLAINTIFFS-RESPONDENTS, v. JOHN L. BORK AND JOSEPHINE M. BORK, HIS WIFE, AND THE UNITED STATES OF AMERICA, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 2, 1970.

Attorney(s) appearing for the Case

Mr. Frank W. Hoak argued the cause for appellants (Mr. Donald B. Jones, attorney).

Respondents did not file a brief.

Before Judges GOLDMANN, LEWIS and MATTHEWS.

The opinion of the court was delivered by GOLDMANN, P.J.A.D.

Plaintiffs brought an action for partition, and defendants counterclaimed for subrogation to the rights of a prior mortgage and for strict foreclosure. Plaintiffs subsequently informed the trial judge that they would not participate in the case or oppose dismissal of their complaint.

The final judgment subrogated defendants to the rights of the First Federal Savings & Loan Ass'n of Clearwater...

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