RANIERE v. I & M INVESTMENTS INC.


159 N.J. Super. 329 (1978)

387 A.2d 1254

TONY E. RANIERE AND MARGARET RANIERE, PLAINTIFFS, v. I & M INVESTMENTS INC. AND THE CENTRAL JERSEY BANK AND TRUST COMPANY, A BANKING CORPORATION, AND COLONIAL MORTGAGE SERVICE COMPANY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided May 2, 1978.


Attorney(s) appearing for the Case

Mr. Daniel O'Hern for plaintiffs (Messrs. Abramoff, Apy & O'Hern, attorneys).

Mr. Frederick L. Blankenhorn for defendant Central Jersey Bank and Trust Company.

Mr. Steven Pfeffer for defendants I&M Investments Inc. and Colonial Mortgage Service Company (Messrs. Matthews, Levin, Shea & Pfeffer, attorneys).


YACCARINO, J.S.C.

This matter comes before the court on motion by defendant Central Jersey Bank and Trust Company seeking an order dismissing plaintiffs' complaint for failure to state a claim upon which relief can be granted. Plaintiffs filed a cross-motion for summary judgment setting aside the sheriff's sale on the grounds that execution was not made on plaintiffs' personalty prior to execution on the realty in...

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