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PULAWSKI S. & L. ASS'N v. AGUIAR

174 N.J. Super. 42 (1980)

415 A.2d 365

PULAWSKI SAVINGS & LOAN ASSOCIATION, A CORPORATION OF THE STATE NEW JERSEY, PLAINTIFF, v. JOSEPH AGUIAR ET AL., DEFENDANTS.

Superior Court of New Jersey, Chancery Division — Hunterdon County.

February 22, 1980.

Attorney(s) appearing for the Case

Jack L. Wolff for defendant-petitioner R.A. Bartola Advertising, Inc. (Scerbo, Kobin & Wolff, attorneys).

Martin L. Duyk for defendant-petitioner St. Laurie, Ltd.

David A. Rosenberg for defendant-petitioners Johnnie Carson Apparel, Inc., Aetna Factors Corp., Ltd., Factors Corp. Ltd., and Thane Mills, Ltd. (Rosenberg & Saloman, attorneys).

Benjamin Weiss for petitioner Coventry Agency, Inc. (Successor to defendant Patricia Aguiar) (Zucker, Goldberg & Weiss, attorneys).

Gerard F. Long for defendant Joseph P. Aguiar (Johnson & Long, attorneys).

Israel Gazek, for defendant-petitioner Yanni Sfinias.

DREIER, J.S.C.

The motion before the court seeks distribution of surplus monies remaining after payment to plaintiff, the foreclosing mortgagee. Distribution of these funds requires an adjudication of priorities among various judgment creditors, a purchaser and mortgagee. Although this is not a case of first impression, the circuity problem presented herein has not been directly considered in a reported opinion in the last 75 years.

Defendants Joseph Aguiar...

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