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HURDY v. RUSSO

118 N.J. Super. 114 (1972)

286 A.2d 717

HENRY J. HURDY, PLAINTIFF-RESPONDENT, v. MICHAEL A. RUSSO, JR., MICHAEL A. RUSSO, SR., AND FLORENCE RUSSO, HIS WIFE, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 25, 1972.

Attorney(s) appearing for the Case

Mr. William B. Kaufman argued the cause for appellants (Messrs. Kaufman and Kaufman, attorneys; Mr. Meyer L. Rosenthal on the brief).

Mr. Hyman Stern argued the cause for respondent.

Before Judges COLLESTER, MINTZ and LYNCH.

PER CURIAM.

Plaintiff holds bonds which were secured by second mortgages on realty; defendants are obligors on the bonds (defendant Michael A. Russo, Jr. having been the actual mortgagor). After foreclosure of the first mortgage and purchase of the property by the first mortgagee at the sheriff's sale, plaintiff brought suit on his bonds and was granted a summary judgment below. Defendants appeal, contending that they should have been allowed (under N.J.S.A.

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