RANIERE v. I & M INVESTMENTS, INC.


172 N.J. Super. 206 (1980)

411 A.2d 719

TONY E. RANIERE AND MARGARET RANIERE, PLAINTIFFS-RESPONDENTS, v. I & M INVESTMENTS, INC. AND COLONIAL MORTGAGE SERVICE COMPANY, DEFENDANTS-APPELLANTS, AND CENTRAL JERSEY BANK AND TRUST COMPANY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 4, 1980.


Attorney(s) appearing for the Case

Steven Pfeffer argued the cause for appellants (Matthews, Levin, Shea & Pfeffer, attorneys; Michael E. Levin on the brief).

Frederick L. Blankenhorn argued the cause for respondent The Central Jersey Bank & Trust Company (Blankenhorn & Ragan, attorneys; Frederick L. Blankenhorn on the brief).

Gary E. Fox argued the cause for respondents Tony E. Raniere and Margaret Raniere (Abramoff & Apy, attorneys; Gary E. Fox on the letter brief).

Before Judges ALLCORN, MORGAN and FRANCIS.


PER CURIAM.

A purchaser of land at an execution sale, I & M Investments, Inc., defendant-appellant herein, challenges a summary judgment in plaintiffs' favor granted on the ground that the execution sale was void, not merely voidable, where resort was not first made to plaintiffs' personalty, as required by N.J.S.A. 2A:17-1 which reads:

In every writ of execution which shall be issued against real estate, the sheriff or other officer to whom such...

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