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AYSSEH v. LAWN

180 N.J. Super. 391 (1981)

434 A.2d 1146

EMIL F. AYSSEH, TRUSTEE, PLAINTIFF, v. HOWARD M. LAWN AND PEARL B. LAWN, HIS WIFE; DAVID SCHWARTZ AND IRENE SCHWARTZ, HIS WIFE; FRANK MOSS T/A SEASHORE REAL ESTATE; ROY BAYLINSON, TRUSTEE; STATE OF NEW JERSEY; M.E. SABOSIK ASSOCIATES, INC.; CITIBANK, N.A.; LAKEWOOD OIL COMPANY; UNITED STATES OF AMERICA; PARK MOBILE SOUTH, INC.; AETNA BUSINESS CREDIT, INC.; JOHN BOLOGNA; ABRAHAM GRUNWALD; MIGRASH REALTY ASSOCIATES, A PARTNERSHIP; AND PM PARKING FIRST, INC., A DELAWARE CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Chancery Division Atlantic County.

Decided February 26, 1981.

Attorney(s) appearing for the Case

Julius B. Poppinga for plaintiff (McCarter & English, attorneys).

Dianne Foley for defendants Lawn and PM Parking First, Inc. (Connell, Foley & Geiser, attorneys).

Roy Baylinson for defendant Baylinson, Trustee.

Walter Greenhalgh for defendant Citibank, N.A. (Kleinberg, Maroney, Masterson & Schachter, attorneys).

Donald J. Rapson for defendant Park Mobile South, Inc. (Lautman, Rapson & Henderson, attorneys).

Frank J. Ferry for defendant Abraham Grunwald.

Ralph W. Platine for defendants Schwartz (Platine & Feldman, attorneys).

Henry Gorelick for receiver (Gorelick, Groon & Dare, attorneys).

HAINES, J.S.C.

Emil F. Aysseh, trustee, commenced this suit on August 4, 1980 seeking several forms of relief, one of which was foreclosure of a mortgage securing a note for $1,600,000 given to him by defendant Howard Lawn. The mortgage covers fractional interests in Atlantic City, New Jersey, real property owned by Lawn. Numerous defendants are named in the litigation, some of whom hold mortgages covering various parcels of real estate involved in the proceedings...

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