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EISEN v. KOSTAKOS

116 N.J. Super. 358 (1971)

282 A.2d 421

PHILIP EISEN AND MARY HOLSTEIN, PLAINTIFFS-RESPONDENTS, v. PETER S. KOSTAKOS AND TINA P. KOSTAKOS, HIS WIFE, IRVING J. SCHWARTZ AND SYLVIA H. SCHWARTZ, HIS WIFE, UNICO OIL SUPPLY INC., A NEW JERSEY CORPORATION, TRADING AS HASKINS FUELS, THE CITY OF EAST ORANGE, A MUNICIPAL CORPORATION OF NEW JERSEY, AND THE STATE OF NEW JERSEY, DEFENDANTS, AND BENDER INVESTMENT, INC., ALSO KNOWN AS BENDER INVESTMENTS, INC., A CORPORATION OF NEW JERSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 15, 1971.

Attorney(s) appearing for the Case

Mr. John S. Bender argued the cause for appellant.

Mr. Jack L. Holstein argued the cause for respondents.

Before Judges KILKENNY, LABRECQUE and LANE.

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

The complaint sought foreclosure of a second mortgage on rental property in the City of East Orange owned by defendant Bender Investment, Inc. Upon a motion for summary judgment the trial court on August 5, 1970 ordered that "judgment is granted and shall be entered striking the answer of Bender Investment, Inc., also known as Bender Investments, Inc., in this mortgage foreclosure action and that plaintiffs file...

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