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LEISURE TECHNOLOGY-NORTHEAST, INC. v. KLINGBEIL HOLDING CO.

137 N.J. Super. 353 (1975)

349 A.2d 96

LEISURE TECHNOLOGY-NORTHEAST, INC., PLAINTIFF-RESPONDENT, v. KLINGBEIL HOLDING COMPANY AND VILLAGE OF WOODLAKE CO., DEFENDANTS-APPELLANTS, AND AMERICAN FLETCHER NATIONAL BANK AND TRUST COMPANY AND THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 2, 1975.

Attorney(s) appearing for the Case

Messrs. Greenbaum, Greenbaum, Rowe & Smith, attorneys for appellants (Messrs. Stephen A. Roth and Charles Applebaum on the brief).

Messrs. Giordano & Halleran, attorneys for respondent (Mr. Dale S. Orlovsky on the brief).

Before Judges HALPERN, CRANE and MICHELS.

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

This is an appeal, pursuant to leave granted, from an interlocutory order in an action to foreclose a mortgage commenced in the Chancery Division. Defendants filed an answer and counterclaim alleging that plaintiff's wrongful and fraudulent actions subsequent to the execution of the mortgage caused Klingbeil's default on the mortgage and that under the equitable principle of unclean hands plaintiff should be...

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