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POLK v. SCHWARTZ

166 N.J. Super. 292 (1979)

399 A.2d 1001

IRWIN POLK AND LEA POLK, PLAINTIFFS-APPELLANTS, v. DAVID SCHWARTZ AND IRENE SCHWARTZ, HIS WIFE; MILTON SCHWARTZ; SIDNEY SCHWARTZ; ELLIOT S. GROSS; S.S.R. REALTY ASSOCIATES, A NEW JERSEY PARTNERSHIP; EMEK REALTY ASSOCIATES, A NEW YORK PARTNERSHIP; CHAVARIM, INC., A NEW JERSEY CORPORATION; ISAAC BULKA; EDWARD EINHORN; CARMEL REALTY ASSOCIATES, A NEW YORK LIMITED PARTNERSHIP; 17 REALTY ASSOCIATES, A NEW JERSEY CORPORATION; HOWARD M. LAWN AND PEARL B. LAWN, HIS WIFE, INDIVIDUALLY, JOINTLY, SEVERALLY AND IN THE ALTERNATIVE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 23, 1979.

Attorney(s) appearing for the Case

Mr. Frank J. Ferry, attorney for appellants (Mr. Matthew H. Powals, of counsel).

Mr. Samuel Krantz, attorney for respondents.

Before Judges ALLCORN, SEIDMAN and BOTTER.

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

By leave granted, plaintiffs appeal from an order discharging of record a lis pendens filed in connection with a suit instituted by them against defendants in Chancery Division.

The complaint alleged that plaintiffs are the owners of a nursing home facility in Atlantic City which they acquired in 1974 from Senator Holding Corporation, and also the successors in interest of the former Senator...

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