ZUCKER v. SILVERSTEIN


134 N.J. Super. 39 (1975)

338 A.2d 211

SAUL J. ZUCKER, SUBSTITUTED ASSIGNEE FOR THE BENEFIT OF CREDITORS OF JEROME R. ROSS, INDIVIDUALLY AND T/A J.R. ROSS & CO., PLAINTIFF-APPELLANT, v. HARRY SILVERSTEIN, TRUSTEE, AND ANNE K. SILVERSTEIN, DEFENDANTS-RESPONDENTS, AND EDWARD FRIEDMAN AND MAURICE POLKOWITZ, INTERVENORS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 30, 1975.


Attorney(s) appearing for the Case

Mr. Saul J. Zucker argued the cause for appellant (Messrs. Zucker, Lowenstein, Gurny, Facher and Zucker, attorneys).

Mr. Sam Weiss argued the cause for all respondents.

Mr. Lawrence Levitt argued the cause for respondents Harry Silverstein, trustee, and Anne K. Silverstein (Messrs. Silverstein, Bloom & Levitt, attorneys).

Mr. Kenneth L. Abrams argued the cause for intervenors respondents Edward Friedman and Maurice Polkowitz (Messrs. Friedman, Kates & Uscher, attorneys).

Before Judges HALPERN, CRAHAY and WOOD.


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

Before considering the grounds advanced for reversal of the judgment dismissing appellant's complaint at the end of his proofs, it will be helpful to summarize the factual background as demonstrated by the record.

By three deeds dated September 8, 1966 Jerome R. Ross acquired title, in his individual name, to valuable real property located in Essex County from Pleasant Fair, Inc., Liberty Holding...

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