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GUTTENBERG SAVINGS AND LOAN ASS'N v. RIVERA

165 N.J. Super. 201 (1979)

397 A.2d 1127

GUTTENBERG SAVINGS AND LOAN ASSOCIATION, A CORPORATION OF NEW JERSEY, PLAINTIFF, v. EMILIO RIVERA, SINGLE, HIS HEIRS, DEVISEES AND PERSONAL REPRESENTATIVES, AND HIS, THEIR, OR ANY OF THEIR SUCCESSORS IN RIGHT, TITLE AND INTEREST; MRS. EMILIO RIVERA, WIFE OF EMILIO RIVERA; PARK AVENUE ASSOCIATES, A PARTNERSHIP; VICTOR VILLARI, HIS HEIRS, DEVISEES AND PERSONAL REPRESENTATIVES, AND HIS, THEIR OR ANY OF THEIR SUCCESSORS IN RIGHT, TITLE AND INTEREST; NEWS PRINTING CO., INC., A CORP.; JOSEPH DANIEL FERRARO, INDIVIDUALLY AND AS PARENT AND GUARDIAN OF PHILIP FERRARO; STATE OF NEW JERSEY; JOHN M. SCIROCCO AND DIANE F. SCIROCCO, HIS WIFE; FRANK L. ANNESE AND JENNIE L. ANNESE, HIS WIFE; NORMA RIVERA; OLGA MUJER; GOEN RODRIGUEZ; ELIZABETH KALISAK AND RICHARD DRESSLER, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided January 9, 1979.

Attorney(s) appearing for the Case

Mr. Sanford J. Becker for plaintiff (Messrs. Zucker, Goldberg & Weiss, attorneys).

Mr. Jorge Aviles, legal intern, for defendants Norma Rivera, Olga Mujer, Goen Rodriguez, Elizabeth Kalisak and Richard Dressler (Mr. Timothy K. Madden, Director Hudson County Legal Services, attorney; Mr. Gregory G. Diebold, of counsel).

KENTZ, J.S.C.

This matter comes before the court on a motion by certain of the defendants for an order dismissing the complaint for failure to state a claim upon which relief can be granted, pursuant to R. 4:6-2(e).

Defendants in this mortgage foreclosure action include the original mortgagors and their assignees, several junior mortgagees, potential judgment creditors and tenants of the mortgaged premises. The first count of the complaint demands a...

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