MIHRANIAN, INC. v. PADULA


134 N.J. Super. 557 (1975)

342 A.2d 523

MIHRANIAN, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. SAMUEL J. PADULA AND BOND AND MORTGAGE COMPANY OF NEW JERSEY, A CORPORATION OF THE STATE OF NEW JERSEY, AND VILLA MADRID, INC., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-THIRD PARTY PLAINTIFFS-RESPONDENTS, v. JERSEY COAST SEARCH AND ABSTRACT COMPANY AND COMMONWEALTH LAND TITLE INSURANCE COMPANY, THIRD PARTY DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 17, 1975.


Attorney(s) appearing for the Case

Mr. Mark F. Saker argued the cause for appellant (Messrs. Cerrato, O'Connor, Braelow & Mehr, attorneys; Mr. Saker on the brief).

Mr. Alexander Feinberg argued the cause for respondent, Bond and Mortgage Company of New Jersey (Messrs. Evoy and Feinberg, attorneys; Mr. William I. Evoy on the brief).

Mr. Gregory V. Sharkey argued the cause for respondent, Villa Madrid, Inc. (Messrs. Citta, Gasser, Carluccio, Holzapfel & Sharkey, attorneys; Mr. Sharkey on the brief).

Mr. Garry J. Roettger argued the cause for respondents, Jersey Coast Search and Abstract Company and Commonwealth Land Title Insurance Company (Messrs. Hiering, Grasso, Gelzer, Kelaher, attorneys).

Before Judges HALPERN, CRAHAY and ACKERMAN.


J.A. ACKERMAN, J.A.D.

This appeal presents a question of some novelty with respect to enforcement of a vendee's lien.

The decision of the court below was based upon an oral stipulation of facts, formulated and agreed to by the parties on the scheduled date for hearing before the court. The salient facts may be summarized as follows:

On April 30, 1971 Samuel J. Padula, as vendor, and Mihranian, Inc....

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